NARANBHAI RUPABHAI MATA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed to quash the first information report registered vide Babra Police Station C. R. No. I ­ 65/2009 qua the present applicant.

(2.) THE facts of the present case are that the respondent No.2 ­ first informant lodged the above referred first information report on 13.6.2009 alleging that on the previous day, that is, on 12.6.2009 he and his family were going from Una towards their native place. In all twenty persons, had alighted at Amreli at about 2 o'clock at night. There from the school road a truck going towards their native place, whose number he does not remember, was filled with cement and was going to Kutch. Since they wanted to go to Samakhayali, he and his family members along with their luggage were sitting on the cement and had fixed the fare at Rs.800.00 with the driver. Out of the twenty persons, two persons had to alight at Rajkot and the rest at Samakhayali. The truck departed towards Samakhayali and on the way from Amreli to Babra upon reaching near Bhila village, the truck driver suddenly lost control over the truck and the truck was pulled towards a pit and had overturned and they were all thrown away. Some of them were buried under cement bags. Five of the persons named therein were thrown out and twelve others including his brother Bachu, his brother's wife, his son Bhiku, his daughters Bhavana and Huki, his brother's daughter Arti were buried under the cement bags. He, therefore, called 108 ambulance by phone and, he and his wife and three others were taken to Amreli Government Hospital where he came to know that the members of his family as well as his relatives, in all twelve persons had died and were taken to the Government Hospital at Babra, where he had been taken for identification. The incident had taken place between 4.00 to 4.30 hours in the morning and when he went along with the officer, he had found that the number of the truck was GT-J-12-X-2282. The truck driver had driven the truck under his control in a rash and negligent manner, thereby causing the same to be overturned and he, his wife and others had sustained injuries of different degrees and twelve other persons had expired.

(3.) MR . Ashish Dagli, learned advocate for the applicant submitted that insofar as the applicant is concerned, he is only the owner of the truck and at best, may be made vicariously liable under the provisions of the Motor Vehicles Act. However, insofar as any criminal act of the driver is concerned, the applicant, as an owner of the truck, cannot be made to be vicariously liable. It was submitted that the only reason for arraigning the applicant herein as an accused is to harass and pressurize him. That initially the offence was registered under section 304A of the Indian Penal Code and thereafter, section 304A was deleted and section 304 was applied. It was submitted that by no stretch of imagination, can it be said that the applicant herein is in any manner involved in the offence in question and as such, the first information report is required to be quashed qua the present applicant.