Decided on April 27,1979



- (1.) This is a Stale's appeal directed against the order of acquittal passed against the respondent-original accused in criminal case No. 133 of 1976 by the learned Judicial Magistrate. First Class, Gogha, acquitting the respondent-accused for the offences under Sections 279, 304-A. 388 and 427 of the Indian Penal Code and also under Section 116, 118. 87 and 89 of the Motor Vehicles Act.
(2.) The incident happened on 21 st January 1976 in the following circumstances :- Rickshaw driver complainant Rasu- Ibhai Ramjanbhai was returning in his rickshaw from Talaja 1o Bhavanagar carying with him four passengers who were his relatives and friend viz. his mother-in-law, his brother-in-law. Babubhai. his elder sister-in law and a friend named Mohmed Ali. The accident happened after the rickshaw had passed village Budhal but before it could pass village Kobdi and it happened near Kobdi where from the opposite side that is-from Bhavarepar sice, a truck bearing No. GTD 2949 as per the prosecution case, came with full speed with full lights on without alternating the light dim and full, and inspite of the fact that the rickshaw was taken on the extreme left hand side, the truck dashed against the rickshaw and three of the passengers were thrown out resulting in the death of deceased Babubhai Munshi who was severely injured and become unconscious Immediately and other passengers including the rickshaw driver. The truck driver, It seems, on the happening of the incident, instead of stopping his truck, ran away. The deceased was removed to the medical hospital at Bhavanagar where he succumbed to his injuries on the very day. The complainant's Complaint was recorded at the hospital at 8.45 p.m. and the police then started investigation.
(3.) It appears that at about 9.45 p.m. on the very day of the accident after the accident, the accused that is-truck driver Umarbhai Kasambhai appeared before the P. S. O. C, Division, Bhavnagar along with the truck and reported that there was an accident between his truck and rickshaw on the way between villages Budhel and Kobdl while he was on his way to Gopan- ath with with the truck, this was reduced to writing by an entry in the station diary as per ex. 28 by head constable Ajitsing who was the P. S. O. concerned with the remark that as the road was within the jurisdiction of Vartej and Gogha police Stations, the information was conveyed to these police Stations by a truck call. The accused was later put up for trial before the learned Magistrate for the aforesaid offences.;

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