BEHRAM KHURSHID PESIKAKA Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the High Court of Judicature at Bombay reversing the order of acquittal passed in favour of the Appellant by the Court of the Presidency Magistrate 19th Court, Bombay and convicting him of an offence under Section 66(b) of the Bombay Prohibition Act, 1949 and sentencing him to one month's rigorous imprisonment and a fine of Rs. 500/-

(2.) The Appellant who was the Officiating Regional Transport Officer, Bombay Region was on the 29th May 1951 at about 9.30 P. M. proceeding in his jeep car towards the Colaba Bus Stand when he knocked down three persons, Mrs. Savitribai Motwani, her husband and Miss Parvatibai Abhichandani.

(3.) The Appellant was put up before the Presidency Magistrate for his trial under two offences, one under Section 338 of the Indian Penal Code on three counts for causing grievous hurt to the three injured persons by doing a rash and negligent act i. e. driving his motor car in a rash and negligent manner and the other under Section 66 (b) of the Bombay Prohibition Act.