STATE OF GUJARAT Vs. JAISUKH VALLABH HINGU

JUDGEMENT

(1.) BY way of the present appeal under Section 378 of the Code of Criminal Procedure, 1973 ("the Code" for short), the appellant -State has questioned the legality and validity of the impugned judgment and order dated 7.9.1995 passed in Criminal Case No. 1170/88 by the learned Judicial Magistrate, First Class, Amreli.

(2.) THE facts of the case, briefly summarized are, that the respondent -original accused was going in his Ambassador car bearing Regn. No. GJ -S -5885 near Village Vankhia and he drove his vehicle in a rash and negligent manner with full speed and dashed with one public carrier which was a stationary truck on the road side and caused the accident. As a result thereof, the occupants of ambassador car, Tofiq Ismail Memon and Iqbal Jamal received injury and the other two persons, Husein Abdul and Iqbal Daud succumbed to injuries. Therefore, a complaint being C.R. No. I -41/88 came to be lodged for the offences under Sections 279, 337, 338, 304 -A of the Indian Penal Code as well as Sections 112, 116 of the Motor Vehicles Act with Amreli Rural Police Station by PSI Mr. K.N. Khelda and on the basis thereof the charge sheet was filed. The learned Judicial Magistrate, First Class, Amreli recorded the plea wherein the accused claimed to be tried. On the basis of the material and evidence on record produced, the learned Magistrate recorded the acquittal of the accused which has been assailed by the appellant -State in the present appeal on the grounds grounds narrated in detail in the memo of appeal, inter alia, that the learned Magistrate has failed to appreciate that the accused was driving the ambassador car which has dashed from behind the stationary truck and therefore he was rash and negligent. It has also been contended that the learned Magistrate has failed to appreciate the evidence on record and the order of acquittal passed by him is erroneous.

(3.) THE brother of deceased Iqbal Daud and cousin of the deceased Husein Abdul, Ashraf D. Moghul, filed Criminal Revision Application No. 6/96 against the impugned judgment and order recording acquittal under Sec. 401 of the Cr.P.C. for the prayer that the impugned judgment and order recording acquittal may be quashed and set aside and therefore it has been kept for hearing along with the present appeal.