SHEIKH MEHMOODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is preferred by the applicant being aggrieved by the order and judgment dated 24th August, 2006 of the learned Additional Sessions Judge, Patan in Criminal Appeal No. 13 of 2004, dismissing the appeal of the present applicant and confirming the order and judgment dated 13th August, 2004 of the learned Chief Judicial Magistrate, Patan, rendered in Criminal Case No. 966 of 2001.

(2.) Briefly to state the facts, the applicant-accused was alleged to have injured two children of the complainant by driving his auto rickshaw in careless and negligent manner on 17th March, 2000 on Malakpura Road, Patan. The applicant was driving his own auto rickshaw bearing registration no. GJ 2 X 4922 on the fateful day. A complaint in that regard was filed before the Patan City Police Station, being Ist CR No. 63 of 2001. Pursuant to investigation, charge-sheet was submitted by the police and after the trial having been conducted in accordance with law, the present applicant has been held guilty of the offences punishable under Secs. 279, 338 and 337 of Indian Penal Code and was also visited with fine under all these provisions by order and judgment dated 13th August, 2004.

(3.) This order and judgment of the learned Chief Judicial Magistrate, Patan, of conviction and fine dated 13th August, 2004 was challenged before the learned Sessions Court, Patan in Criminal Appeal No. 13 of 2004. Having heard both the sides at length, the learned Additional Sessions Judge, Patan, after discussing in detail the evidences and material placed before him, confirmed the order of conviction passed by the learned Chief Judicial Magistrate, Patan. The said impugned order and judgment is challenged by the applicant before this Court by way of the present revision application.