BABUBHAI DEVJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS per the prosecution case, on 24.12.2001, at about 2150 hours, one Motor-Cycle bearing registration No.GJ-16-H-1974 was driven by the accused and at that time, Head Constable Jitendrasinh Takhatsinh, Buckle No.1247, was on duty and it was found by him that said motorcycle had dashed with one cyclist Mukeshbhai Lalitbhai Patel from backside and as a result of that, cyclist has fallen down and upon further inquiry by the said Constable Hitendrasinh Takhatsinh, it was found that he was in a drunken condition, and therefore, he was taken to the Police Station, and thereafter, the complaint was recorded. The complaint was investigated by the police and the charge-sheet was filed. The prosecution examined this witness to prove the guilt of the accused and also produced five documentary evidence, the details of which are mentioned at Paragraph-3 of the judgment of the learned Sessions Judge.

(2.) THE learned Magistrate thereafter, recorded statement under Section 313 of the Code of Criminal Procedure wherein the accused denied the charge against him and ultimately, the learned Magistrate was pleased to convict the accused for the offence punishable under Section 279 of the Indian Penal Code and sentenced to suffer simple imprisonment for a period of four months and fine of Rs.500.00 with 15 days simple imprisonment in default of making payment of fine. The learned Magistrate was pleased to convict the accused for the offence punishable under Section 177 of the Motor Vehicles Act and imposed fine of Rs.100.00 and 1 day simple imprisonment in default of making payment of fine. The learned Magistrate was pleased to convict the accused for the offence punishable under Section 184 of the Motor Vehicles Act and imposed fine of Rs.500.00 and 15 days simple imprisonment in default of making payment of fine. The learned Magistrate was pleased to convict the accused for the offence punishable under Section 185 of the Motor Vehicles Act and sentenced to suffer simple imprisonment for a period of one month and fine of Rs.1000.00.

(3.) I have considered the relevant evidence which has been made available by the learned Counsel for the petitioner during the course of hearing. I have considered the judgment and the reasons recorded by the learned Sessions Judge. I have heard learned advocate Mr.Kapadia for the petitioner and Ms.Thakkar, learned Additional Public Prosecutor for the respondent-State.