JUDGEMENT

The Respondent accused came to be acquitted of the offences punishable under section 279, 337, 338 and 427 I.P.C, and under section 3(1), 112, 116 and 89 of the Motor Vehicles Act by the Ld. JMFC, Botad, in Criminal Case No. 146 of 1988, under the orders dated May 29,

1991. The State feels aggrieved with the above said orders of acquittal and hence the present Appeal.

The case of the prosecution appears to be that, the complainant Mansukhlal with his relation Jitubhai was going towards Gadhada from Botad on January 18, 1988 on his Rajdoot motor cycle, and when they had reached near village Nagalpur, the respondent accused had come there from the opposite direction, driving his Bullet motor cycle No GJP-3816. According to the case of the prosecution, the respondent accused was driving the above said vehicle rashly and negligently and so as to endanger human life and that, because of the dash given by the respondent accused by his vehicle to the vehicle of the complainant, he and his relation Jitubhai had fallen down and had sustained grave injuries. The Court below has not accepted the evidence of the prosecution for the purpose