State Of Gujarat vs Bhikhubhai Kanabhai Miyatra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Guj) 1483

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
D.M.VYAS, CHEEKATI MANAVENDRANATH ROY
State Of Gujarat – Appellant
Versus
Bhikhubhai Kanabhai Miyatra – Respondent

Advocates Appeared:
For the Appellant : Mr Bhargav Pandya, APP.
For the Respondent: Mr Tushar L. Sheth.

Table of Content
1. accused acquitted; facts of the accident. (Para 1 , 3 , 4 , 5 , 6 , 7)
2. state's appeal against acquittal. (Para 2 , 8 , 9)
3. negligence not established; error in prosecution charge. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. appeal dismissed; trial court's judgment confirmed. (Para 22 , 23)

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. The respondent is the sole accused in Sessions Case No.27 of 2012 on the file of the Additional Sessions Judge, Gondal of Rajkot District. He was prosecuted for the offences punishable under Sections 279 , 304, 304(A) and 337 of the INDIAN PENAL CODE and under Sections 177 , 184 and 134 of the MOTOR VEHICLES ACT . Eventually, he was acquitted of the said offences as per the judgment rendered by the trial court on 30/11/2012.

2. Feeling aggrieved by the said judgment of acquittal, the State has preferred the present appeal challenging the legality and validity of the impugned judgment of acquittal.

3. Concise statement of facts relating to the prosecution case is as follows:

3.1. The accused is a driver by profession. He was working as a driver of an auto-rickshaw bearing registration no.GJ-23- T-3504. The persons