STATE OF GUJARAT Vs. KHIMJIBHAI THANABHAI DAMOR

JUDGEMENT

(1.) The present appeal has been filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 12.7.2011 passed by the learned Sessions Judge, Gandhinagar, in Criminal Appeal No.32 of 2009 whereby, while confirming conviction of the respondent-accused, sentence imposed on him for the offence punishable under sections 279, 337, 338 and 304- A of the Indian Penal Code ("IPC' for short) was converted into payment of fine vide judgment and order dated 10.6.2009 passed by the learned 2nd Additional Judicial Magistrate First Class, Gandhinagar, in Criminal Case No.4450 of 2003.

(2.) Short facts of the case of the prosecution are that a complaint was filed by the complainant before Dabhoda Police Station being C.R.No.I-118 of 2003 for the offence punishable under sections 279, 337, 338 and 304(A) of the IPC and sections 183, 184 and 177 of Motor Vehicles Act alleging inter alia that on 7.7.2003 at about 9.00 a.m. on AhmedabadHimmatnagar National Highway No.8 in the sim of Village Dhanap, one Tata Sumo No.GJ-9-M-2195 dashed with Commander Jeep No.GJ-2-R-1449 coming from opposite direction causing injuries to Nathumal Surajmal on his right hand and fracture injuries to Pankajbhai Haribhai on his right hand, who were travelling in the jeep and also causing damage to the jeep. In pursuance of said complaint, the accused was arrested and as there appeared prima facie case against the accused, a charge sheet was filed against him and case was registered as Criminal Case No.4450 of 2003 in the Court of Second Additional J.M.F.C., Gandhinagar. Thereafter, his plea was recorded wherein he denied to have committed any offence. Hence, the prosecution was asked to prove the guilt against the accused.

(3.) Heard learned APP, Mr. K.L.Pandya for the appellant-State. However, Mr. Durgesh Erinpuria, learned advocate for the respondent-accused did not remain present when called out. The present appeal being of the year 2011, I have permitted learned APP to make his submissions and in light of the submissions made by learned APP, I have considered both the judgment and order dated 10.6.2009 passed by the learned 2nd Additional Judicial Magistrate First Class, Gandhinagar, in Criminal Case No.4450 of 2003 and also judgment and order dated 12.7.2011 passed by the learned Sessions Judge, Gandhinagar, in Criminal Appeal No.32 of 2009.