STATE OF GUJARAT Vs. FATESINH BALUBHA RANA

JUDGEMENT

(1.) CRIMINAL Appeal, under section 377 of the Criminal Procedure Code is directed against the judgement and order of sentence dated 27th July 1998 in Criminal Case No. 615 of 1995 passed by the Court of learned Metropolitan Magistrate, Court No. 12, Ahmedabad in Criminal Case No. 615 of 1994 whereby the respondent accused was convicted for the offence under section 279 of IPC and ordered to suffer simple imprisonment for three months and fine of Rs. 500/- in default, further simple imprisonment of seven days. This appeal for enhancement of the said sentence.

(2.) CRIMINAL Appeal No. 792 of 1998 is directed against the judgement and order dated 27th July 1998 passed by the learned Metropolitan Magistrate Court No. 12, Ahmedabad City in Criminal Case No. 615 of 1994 whereby the trial court was pleased to acquit the respondent accused for offences under sections 177 and 184 of Motor Vehicles Act.

(3.) THE case of the prosecution is that the complainant is Gulam Mahammad alias Babubhai Ahmedbhai , residing at Shahhalam, Marwadi Chali, Ahmedabad. The respondent no. 2 was diving S. T. Bus at the relevant time. It is alleged that on 3. 8. 1994 at about 11. 45 he was driving the said bus towards S. T. Bus stand. When the S. T. Bus reached near Jamalpur Circle, it dashed with an auto rickshaw as a result of which the complainant and other witnesses sustained serious injuries. It is alleged that the respondent was driving the vehicle in a rash and negligent manner and therefore the accident in question has occurred. Hence a complaint came to be filed at Gaekwad Haveli Police Station against the respondent no. 2. After necessary investigation chargesheet came to be filed and criminal case being Criminal Case No. 615 of 1994 was conducted against the respondent no. 2.