STATE OF GUJARAT Vs. THA HEMTAJI MASANGJI

JUDGEMENT

(1.) This is one of those unfortunate matters in which because of want of proper investigation and failure on the part of the learned Assistant Public Prosecutor to conduct the trial with the required sense of responsibility attached to the said public officer an order of acquittal had to be passed against an accused person for want of proper material having been brought on record by the prosecution for the purpose of bringing home the charge against the accused.

(2.) The respondent was tried for the offences under secs. 304A 337 of the I. P. Code and secs. 112 and 116 of the Motor Vehicles Act in Criminal case No. 431 of 1978 in respect of an accident which happened on 3-1-1978 at about 4-40 p.m. near village Sihi taluka Patan when on account of the accident one of the persons travelling in the vehicle involved in the accident viz. jeep car lost his life and one person sustained injuries.

(3.) Mr. Vaidya the learned Public Prosecutor appearing for the appellant-State has drawn my attention to some peculiar features of this case and they tell a sad story about the manner in which the investigation was carried on and the trial was conducted before the learned Magistrate. Witness after witness stepped into the witness box and started exhibiting a tendency hostile to the prosecution. Most of the witnesses had to be declared hostile and courts permission was obtained for putting questions in the nature of cross-examination to these witnesses. Some of the witnesses were cross-examined with regard to their police statements. But it is surprising to find that no attempt at all was made by the prosecution to bring on record any contradictions whatsoever from the police statements of any of these witnesses who were declared hostile and who were confronted with a case that they made contrary statements in their statements before the police.