STATE OF GUJARAT Vs. PREMJIBHAI ALIAS BHIKHABHAI

JUDGEMENT

(1.) By way of this Appeal the State has challenged the order of the learned 1st Joint Judicial Magistrate (FC), Bhavnagar dated 31st December 1993 whereby the respondent, original-accused was acquitted of the offences punishable under Section 304-A, 279, 337, 338, 427 of I.P.C., and under Section 177 and 184 of Motor Vehicles Act.

(2.) The brief facts of the case of Prosecution are as under;

(3.) Heard the learned APP, Mr. H.L. Jani, appearing for the State. The main ground on which the Trial Court acquitted the accused is that proper evidence was not led before the Trial Court. The Trial Court in Paras No. 5 and 6 of the judgment has discussed the evidence whatever led by the prosecution. The Trial Court has rightly held that the jeep was being driven in proper speed as revealed from the evidence of the witnesses examined; therefore there is nothing on record to show from the evidence that the present accused has committed any offence; and that the prosecution has failed to prove the case beyond reasonable doubt. Ultimately, the trial Court has acquitted the accused.