STATE OF GUJARAT Vs. EKLING DAS CHARTURBHUJ DAS

JUDGEMENT

(1.) Rule. Learned advocate Mr.Sunil C.Patel waives service of rule for respondent No.1.

(2.) Heard learned APP Ms.Jirga Jhaveri for the petitioner State and learned advocate Mr.Sunil C.Patel for respondent No.1.

(3.) The petitioner is the prosecuting agency, whereas, respondent No.1 is accused before the Sessions Court at Modasa in Sessions Case No.33 of 2009 arising out of FIR being C.R.No.I-35 of 2008 dated 10.9.2008 before the Malpur police station of Sabarkantha District. Pursuant to such FIR, the police has investigated the incident and filed a chargesheet on 29.12.2008 u/ss.279, 304, 337, 338 of the IPC r/w.Sections 177 and 184 of the Motor Vehicles Act. The sum and substance in the FIR and chargesheet is to the effect that on 10.9.2008, the respondent accused has driven the truck in full speed and rashly and negligently and dashed it with the tractor and trolley and the people standing nearby without application of brake, which resulted into death of as many as 8 persons and caused injuries to several other persons.