STATE OF GUJARAT Vs. AMBALAL MOHANLAL PATEL

JUDGEMENT

(1.) THE State of Gujarat preferred this appeal under section 378 of the Code of Criminal Procedure [for short 'the Code'] challenging the legality and validity of the judgment and order passed by the learned Metropolitan Magistrate, Court No. 12, Ahmedabad [for short 'the learned Magistrate'] dated 2/9/1998 in Criminal Case No. 730 of 1992. The learned Magistrate by virtue of the impugned judgment and order acquitted the respondent accused for the offences punishable under sections 279, 304(a) and 427 of the Indian Penal Code [for short 'the IPC'] and sections 119, 177 and 184 of the Motor Vehicles Act [for short 'the MV Act'].

(2.) THE case of the prosecution, in short, is as under : -

(3.) MR . Mengde, Ld. APP for the appellant State during the course of his arguments submitted that the prosecution squarely proved its case beyond reasonable doubt against the accused. That the learned Magistrate erred in not properly appreciating the oral and documentary evidence on record and seriously erred in coming to the conclusion that the identity of the accused as driver of the bus in question is not established. That considering evidence of the witnesses, including the complainant, it is proved that at the time of accident the accused was driving the bus and that he was driving it rashly, negligently and with full speed and on the wrong side of the road and he caused the accident. Therefore, it is submitted that the impugned judgment and order passed by the learned Magistrate be set aside and the respondent accused be punished for the offences punishable under sections 279, 304(a) and 427 of the IPC and sections 119, 177 and 184 of the MV Act in accordance with law.