STATE OF GUJARAT Vs. ABDUL KARIM C MANSUR

JUDGEMENT

(1.) State has preferred this appeal being aggrieved by judgment and order recorded by Judicial Magistrate, First Class on 3-8-1990 in Criminal Case No. 632 of 1987 wherein the accused was tried for offences punishable under Secs. 279, 304A and 337 of the Indian Penal Code and Secs. 112 and 116 of the Motor Vehicles Act.

(2.) Short facts as it emerges from the complaint are as under :

(3.) Tulsibhai Rathod PW 1 was travelling on Rajdoot Motor cycle with his wife and son. Near Kosamba he was required to stop his motor bike at a distance of 20 to 25 ft. from a tempo ahead of him. This was required to be done as the road was passing through a school zone and students were walking on the road. As per his evidence, S.T. bus bearing No. GRT 8022 came from behind, dashed with the stationary motor bike on which he was riding as a result of which his wife and son were thrown from their seat of the motor bike. He sustained injuries in his leg. His wife was required to be removed to the hospital on account of injuries sustained where she died during the treatment. His son also sustained injuries on face. According to this witness, if the S.T. driver would have applied brakes, the accident could have been avoided.