STATE OF GUJARAT Vs. CHHANABHAI MANGALBHAI

JUDGEMENT

(1.) OUT OF THE TWO who is to be blamed or accused more in the acquittal appeal ? One who is a driver of a tanker, who caused an instanteneous death of two young lads due to the rash and negligent and/or, two - is it the investigating agency which failed to perform its first and foremost elementary duty of establishing the identity of the accused as a person involved in the fatal accident causing the death of the prosecution case also ? And if the aforesaid blame can as well be squarely fixed on the investigating agency then whether mere resort to Sec. 25 of the Bombay Police Act, 1951 (dealing with the departmental inquiry and power of the State Government to punish the Police Officer for neglect of duty) by itself is an adequate measure commensurate with the grossness of the negligence of the Investigating Officer. Further whether such a measure by itself can in any way at all help improving face-lifting of the falling standard of investigation ? What then is the way out? These, in short, at the outset, are the indexes to the discussion that is to follow while appreciating the merits of this acquittal appeal.

(2.) This acquittal appeal arises out of the judgment and order dated 2 9/09/1980, in Criminal Case No. 27 of 1980, rendered by the learned J. M. F. C. Chotila, wherein the accused-Chhanabhai Mangalbhai, who came to be charged and tried for the offences punishable under Secs. 279, 304A of the I. P. C. read with Secs. 112 and 116 of the Motor Vehicles Act, 1939, at the end of the trial was ordered to be acquitted.

(3.) Briefly, it was the prosecution case that the alleged fatal accident took place on 13/01/1980 at 18-00 hours near Shuklawadi on way to the village Bamanbore, wherein one Mahesh Mulji along with his companion pillionrider Kishor Lalji, were proceeding to Rajkot on a Scooter bearing No. GTR 3369, a Tanker bearing No. GTY 3330 coming to Chotila from the opposite direction, collided with the said scooter and both the scooterist-young boys lost their respective lives on the spot. The accused abandoning the tanker fled the scene of the incident. On the basis of these facts, one Hiralal Ranchhodbhai, a cousin of the deceased filed a complaint at Chotila Police Station for offences under Sec. 279, 304A I. P. C. and under Secs. 112 and 116 of the Motor Vehicles Act, 1939.