BHARATSINH SOMABHAI BAMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Revision Application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " CrPC ") has been preferred by the applicant herein - original accused to quash and set aside the impugned judgment and order dtd. 16/3/2008 passed by the learned Judicial Magistrate, First Class, Kathor, District Surat (hereinafter referred to as "learned trial Court") in Criminal Case No.178/2007, whereby the present applicant - original accused has been convicted for the offences punishable under Ss. 279 and 304(A) of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") and under Ss. 177, 184 and 134 of the Motor Vehicles Act, 1988 (hereinafter referred to as " MV Act ") and sentenced to undergo punishment as detailed hereinbelow:

(2.) Upon issuance of Rule, learned APP Mr. L.B. Dabhi appeared for the respondent - State.

(3.) The succinctly stated facts of the prosecution case are as under: