SULEMAN RAHIMAN MULANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal by special leave against the judgment of the High Court of Bombay in criminal revision application No. 917/64, the question that arises for decision is whether on the facts found by the courts below, the appellants were properly held to be guilty of all or any of the offences for which they have been convicted.

(2.) In the trial Court there were as many as nine accused. All the accused excepting accused Nos. 1 and 2 who are appellants 1 and 2 respectively in this Court, were acquitted.

(3.) The prosecution case is as follows:The acquitted third accused was the owner of the jeep bearing registration No. BYF 5448. Accused No. 2 is his father. They are the residents of Malshiras. On October 27, 1962, the appellants along with PW Rambhau Bhombe and one other, went in the jeep in question first to Phaltan which is about 33 miles away from Malshiras, from there to Rajale about seven miles away from Phaltan. From Rajale they returned to Phaltan and from there to Malegaon. They stayed for the night at Malegaon. Next day they returned to Phaltan and finally to Malshiras. During all this time, appellant No. 1 was driving the jeep. On the way from Phaltan to Malshiras, about a mile and a half from Phaltan, the jeep struck one Bapu Babaji Bhiwarkar, as a result of which he sustained serious injuries. The appellants put the injured person in the jeep and brought back the jeep to Phaltan where they approached PW Dr Karwa for medical aid but Dr. Karwa refused to treat the injured as it was a medico-legal case. He asked them to go to Government Dispensary. The appellants instead of going to the Government Dispensary, drove straight to Malshiras. On the way the injured died. At Malshiras the appellants cremated his dead body. At the time of the incident, the first appellant had only a learner's licence and no person having a valid licence for driving was by his side.