STATE OF GUJARAT Vs. NARVARLAL MANSUKHLAL PANCHAL

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned J.M.F.C., Dahod, in Criminal Case No.1118 of 1987, on 9th July, 1993, acquitting the present respondent-accused for the offence punishable under Sections 279 and 304 (A) of the Indian Penal Code and for the offence punishable under Section 112, 116 and 89 of the Motor Vehicle Act .

(2.) It is the case of the Prosecution that present respondent-accused was driving the jeep car bearing registration No.GAM 8123 rashly and negligently. It is alleged that while the respondents-accused was driving the said jeep car, the said jeep car was dashed with the son of the complainant-Satarsing who was crossing the road. The son of the complainant received injury on head and chest and was taken to the hospital where he was succumbed. Offence was registered, investigation was carried out and on completion of the investigation, charge-sheet came to be filed. In order to prove the charges levelled against the accused, the present respondent, the Prosecution has examined in all 07 witnesses as under;

(3.) Learned APP, Shri HL Jani appearing for the appellant has taken me through the oral as well as the documentary evidence on record as well as the observations made by the Sessions Court more particularly in paragraph No. 09 and the subsequent paragraphs. He has contended that the Sessions Court has committed an error by not believing the evidence of witnesses .