BHALCHANDRA WAMAN PATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against the decision of the High court of Judicature at Bombay in criminal review application No. 763/64 in its file. Therein the High Court not only confirmed the conviction of the appellant by the addl. chief presidency magistrate, third court, bombay under sections 304-A and 337 indian Penal Code, but enhanced the sentence of fine of Rs. 2,000 imposed on him under section 304-A to six months simple imprisonment and a fine of Rs. 200. 00.

(2.) Before the learned presidency magistrate, the appellant was tried under two charges viz. under section 304-A Indian penal Code for causing the death of Kumari kunda Atmaram Naik by rashly and negligently driving his car in the Netaji Subhash road at about 5.30 p. m. on February 15, 1964 and under section 337 Indian Penal code for causing hurt to Kumari Vidya atmaram Naik by that very act. The learned magistrate found him guilty under both the charges. Under section 304-A, indian Penal Code, he sentenced him to pay a fine of Rs. 2,000, in default to suffer six months rigorous imprisonment. Under section 337 Indian Penal Code he sentenced him to pay a fine of Rs. 200. 00, in default to suffer rigorous imprisonment for two months. The High Court in exercise of its revisional powers enhanced the sentence as mentioned above1. In the suo motu proceedings taken by the High Court the appellant contested the legality of his conviction. But the High Court rejected his contentions.

(3.) The prosecution case is as follows : on the evening of February 15, 1924, kumari Kunda Atmaram Naik aged about 21 years and her younger sister Kumari Vidya atmaram aged about 10 years had been to the University Club House at B. Road, netaji Subhash Road, also known as marine Drive to attend some function. As there was some time for the function to commence, the two sisters decided to go to marine Drive sea face. As they were crossing the road through the pedestrian crossing, immediately to the north of B. Road, they were knocked down by the appellant who came driving his car from the south, as a result of which both the sisters were injured. They were immediately removed to the hospital. The younger sister had sustained only minor injuries whereas the elder sister had sustained fracture of the pelvis among other injuries. Consequently there was hemorrhage as a result of which she died on 17.2.64.