STATE OF GUJARAT Vs. DILAWARSINH INDRASINH BHATI

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 30th September 1996 passed by the learned Metropolitan Magistrate, Court No.3, Ahmedabad, in Criminal Case No.546 of 1994 whereby the respondent-accused was acquitted of the charges levelled against him.

(2.) The prosecution case, in short, is that the complainant Kantaben Canduji was working in Arvind Mill on contract basis. On 1.4.1994 she had gone for work along with her daughter Daxa. Her daughter Daxa was playing on the open plot. At that time a Trolley known as Fork Lift driven by respondent accused came and dashed with Daxa. Daxa suffered serious injury and the wheel of the trolley was run over on his stomach. She was therefore taken to civil hospital where she was declared as dead. Thereafter a complaint came to be filed against the respondent for the alleged commission of offences punishable under sections 279, 304(A) of IPC and under sections 177 and 184 of Motor Vehicles Act with Shaherkota Police Station.

(3.) Learned Advocate for the appellant has contended that the learned Judge has committed an error in discarding the oral evidence of complainant Kantaben, witnesses Natvarbai Bhaga, Gautam Shantilal Gitabe and Natvarlal Magan, etc. He submitted that the respondent was required to take special care while driving the trolley. He, therefore, submitted that the appeal requires to be allowed.