ORAL JUDGMENT

1. Judgement and order dated 11.10.2004 rendered by the learned Judicial Magistrate First Class, 2nd Court, Gandhinagar in Criminal Case No. 8300 of 2001 recording acquittal for the respondent in respect of the offences punishable under sections 279, 337 and 304A of Indian Penal Code ( for short ‘IPC’) as also sections 177 and 184 of the Motor Vehicles Act is sought to be assailed in this appeal.

2. Having considered the rival submissions, it is noticed that three eyewitnesses being Vishal Rajeshkumar Chauhan-P.W.5 who was pillion rider on Hero Puch - a vehicle involved in accident – driven by deceased Saurabh Vinodbhai Barot and P.W. 6 Hardik Maheshchandra Chaudhary who was following the vehicle in question with a pillion occupied by P.W. 4 Riten Arvindbhai Patel. Accident occurred on 21.09.2001, between GH-4 road and sector 12 of Gandhinagar when at about 12.45 a.m., the deceased Saurabh with his friend as pillion moved with his motor bike towards 12 and 13 sector of Gandhinagar. The scene of the accident is the cross roads of the said sector, near temple of Khodiyar mata. Deceased and P.W. 5 Vishal were heading to their residence on hero puch. According to P.W. 5, de