STATE OF GUJARAT Vs. PARMAR HARESHCHANDRASINH PRAVINSINH

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 9. 6. 1998 passed by the learned J. M. F. C. Lakhtar in Criminal Case No. 44 of 1994 whereby the accused have been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under: 2. 1 On 28. 5. 1993, at about 3:15, near Kadu Olat State High Way Road No. 17 the accused was driving Truck No. GRX 3477. Due to high speed he lost control of the truck and dashed with Matador bearing no. GQD 4652. Due to the said accident witness Bharat @ Bapalal Shantilal suffered injuries and succumbed to the same. Therefore a complaint with respect to the aforesaid offence was filed against the respondent. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge sheet was filed against him. To prove the case against accused, the prosecution has examined following witnesses: <FRM>JUDGEMENT_2241_TLGJ0_2009Html1.htm</FRM> To prove the case against accused, the prosecution has produced following documentary evidence. <FRM>JUDGEMENT_2241_TLGJ0_2009Html2.htm</FRM>

(3.) AT the end of trial, after recording the statement of the accused under section 313 of Cr. P. C. , and hearing arguments on behalf of prosecution and defence, the learned J. M. F. C. acquitted the respondent of all the charges leveled against him by judgment and order dated 9. 6. 1998.