STATE OF GUJARAT Vs. MULSHANKAR KHARASHANKAR

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order of the learned Judicial Magistrate [F.C.], Bhuj at Kutch, dated 14th July 1993 in Criminal Case No. 10453 of 1988 for the offences under Section 279, 337, 338, 304-A of the Indian Penal Code and under Section 112, 116 of the Motor Vehicles Act.

(2.) It is the case of Prosecution that on 25th October 1988 the original-accused present opponent was alleged to have been riding TVS-Suzuki motorcycle No. GUX 6304 at about 11.45 in the morning on Madhapar-Anjar Highway met with an accident against the truck bearing No. CTW 5595 which was driven by the driver rashly and negligently. The opponent died on the spot pursuant to which C.R. No. 154 of 1988 was registered. After recording statements and completing other formalities the chargesheet was filed. In order to prove the guilt the Prosecution has examined the following 7 witnesses;

(3.) The principles which would govern and regulate the hearing of appeal by this Court against an order of acquittal passed by the trial Court have been very succinctly explained by the Apex Court in a catena of decisions. This Court has the power to re-consider the whole issue involved in the appeal, re-appraise the evidence and come to its own conclusion and findings in place of the findings recorded by the trial Court, if the said findings are against the weight of the evidence on record or, in other words, perverse. Even in a recent decision of the Apex Court in the case of State of Goa v. Sanjay Thakran & anr., 2007 3 SCC 755, the Court has reiterated similar principle. In Para-16 of the said decision, the Court has observed as under ;