STATE OF GUJARAT Vs. MANUBHAI CHUNILAL PANCHAL

JUDGEMENT

(1.) BEING aggrieved and dissatisfied with the impugned judgment and order passed by the learned Magistrate First Class, Limkheda ('ld.Magistrate', for short) on dated 23.4.1999 in Criminal Case No.428/1995, the State of Gujarat preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 ('Code', for short). The ld.Magistrate by virtue of the impugned judgment and order was pleased to acquit the respondent herein, who was accused in the aforesaid Criminal Case No.428/1995 for the offence punishable under sections 279, 337, 338 and 304 -A of the Indian Penal Code, and punishable under sections 177 and 184 of the Motor Vehicles Act.

(2.) THE prosecution case in nutshell is as under: -

(3.) ON behalf of the appellant State, ld.A.P.P. Mr.Desai submitted that the impugned judgment and order delivered by the ld.Magistrate is contrary to law and evidence on record. That the prosecution examined eye -witnesses, who are none other than the passengers in the bus itself, and they all categorically stated that the accused was driving the bus with full speed, despite the fact that the road was narrow and at the place of accident there was a curve and a slope. That the very fact that the bus left the road and fell in ditch in a turtled position, itself reveals the negligence of the driver of the bus, therefore, it is submitted that this is a fit case to interfere with the acquittal order recorded by the ld.Magistrate. Hence, it is submitted that the appeal be allowed and the impugned judgment and order passed by the ld.Magistrate be set -aside, and respondent accused be appropriately convicted and sentenced for offence alleged against him by the prosecution.