STATE OF GUJARAT Vs. SARDARSINH JAWANSINH PARMAR

JUDGEMENT

(1.) THE present appeal is filed by the State of Gujarat against the acquittal recorded by learned Additional Sessions Judge, Himmatnagar at Sabarkantha in Sessions Case No. 34 of 1986.

(2.) THE accused Sardarsinh Jawansinh Parmar was chargesheeted for the offences punishable under Sections 323, 332, 302, 392 of Indian Penal Code. After trial, learned trial Judge was of the opinion that the prosecution has not been able to prove the guilt home the charges and acquitted the accused respondent by his judgment and order dated 5.7.1986.

(3.) THE prosecution case was that, on 14,3,1985, Kalusinh Mulsinh complainant was driving the State Transport Road Corporation Bus No. GRT -7166 and was plying the said Bus on the route towards Modasa, where this bus was halted at Mardia Bus stand. It is alleged that the accused, at that time, gave blow on right leg of the driver and threw him out of the bus and driven away the bus. The incident is alleged to have taken place at about 10 -30 hour. From 10 -30 hrs. to 13 -40 hrs. accused kept on driving the bus and went towards village Charanwala. Thereafter, the complainant went to the police station. Thereafter, the complainant, along with police personnel, chased the bus. It is alleged that when the accused was driving the bus and there was a chase, accused did not pursue and kept on pursuing in his own way. It is also alleged that during the process of chasing, gun -shot was fired on the tyres of the bus and the tyres were burst. Despite the tyres got burst, the accused continued to drive the said bus on rims and at one point of time, when he was encircled by police personnels, he deliberately drove the bus over one police personnel and crushed him under the wheels. Thereafter, using force, he was caught on the spot and complaint was registered and accused was arrested.