STATE OF GUJARAT Vs. LALIT MOHAN

JUDGEMENT

(1.) Questions and/or errors that surface in this acquittal appeal are three fold Firstly Whether the trial Court was justified in passing the order of acquittal in summons triable case without taking evidence referred to in Sec. 254 of the Code of Criminal Procedure ? Secondly Whether the trial Court has conducted trial proceedings in a manner ordinarily expected of the Court of law doing justice Thirdly Whether the case disposed off in a hot haste can be said to be a case decided and justice done ?

(2.) To this short answer would be had the trial Court been little watchful and considerate the mishap of acquittal could have been safely avoided. Be it remembered that judicial function is a matter of clean conscience to be performed with the sense of diligence deduction and social orientation in light of awareness only and that such a hurry and flurry as noticed in the present case in disposing of the case never enhances the prestige of the Court doing justice.

(3.) The above acquittal appeal arises out of the judgment and order of acquittal dated 29/09/1980 passed in Summary Case No. 3843 of 1979 by the learned Judicial Magistrate First Class Bardoli (for short hereinafter referred to as `trial Court) wherein the respondent-accused came to be tried for the offence punishable under Secs. 279 and 338 of the Indian Penal Code r.w. Secs. 112 and 116 of the Motor Vehicles Act.