STATE OF GUJARAT Vs. JAGDISHBHAI BABUBHAI PARMAR

JUDGEMENT

(1.) This Criminal Appeal is preferred by the State of Gujarat under section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 30.6.2005 passed by learned Judicial Magistrate, First Class, Nadiad in Criminal Case No.969 of 2003.

(2.) The broad facts of the case are that on 10.11.2002, complainant Hirenbhai Maheshbhai Shah lodged the complaint before Chaklasi Police Station narrating that on 10.11.2002 at about 11.00 hours, the complainant and his father Maheshbhai Babulal Shah have gone to Swaminarayan Mandir, Vadtal in their Opela Astra car for darshan and parked their car in the compound of Mandir. While they were proceedings towards Mandir, at that time, one person came with his tractor bearing registration No.GJ 7 AA 2506 from behind and dashed with his father and due to which his father received serious fracture injuries over his right leg and thereafter, his father was taken to Shrey Hospital, Anand and he lodged the complaint narrating the aforesaid incident for the offences punishable under sections 279, 337 and 338 of IPC as well as under sections 177 and 184 of the Motor Vehicles Act 1988.

(3.) Being aggrieved by the same, the appellant State has preferred the aforesaid Criminal Appeal before this Court.