BECHARBHAI RAIJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Petitioner/original accused has questioned the legality and validity of the judgment and order passed by the learned Additional Sessions Judge, at Baroda, in Criminal Appeal No. 34 of 1983, on 13-9-1983, by invoking the aids of Sections 397 read with Section 401 of the Criminal Procedure Code, 1973 ('Code' for short, hereinafter).

(2.) Briefly stated, the facts as per the Prosecution case, are that the petitioner, who is a driver working in Gujarat State Road Transport Corporation, was in charge of one S.T. Bus bearing No. GRT 8408, on the unfortunate day, i.e., 24-9-1981. The accident occurred on that day, at about 8 a.m. when the bus was proceeding near village Sunderpura, on Makarpura Road. The offending bus collided with a cyclist, the deceased Kantilal Haribhai Patel. He sustained serious injuries and succumbed to the same. Brother of the deceased, Mahesh, lodged the complaint Investigation was carried out, the accused-petitioner herein was charge-sheeted and he was tried by the learned Judicial Magistrate, First Class, (Municipal), at Baroda, for the alleged offences punishable under Sections 279, 427 and 304 (A) of the Indian Penal Code. The learned Magistrate was pleased to find him guilty for the offences punishable under Sections 279, 427 and 304 (A) of the Indian Penal Code and sentenced him to undergo simple imprisonment for six months and a fine of Rs. 100/- and in default, to undergo simple imprisonment for one month. No separate sentence was passed for rest of the offences.

(3.) Being dissatisfied by the said order of conviction and sentence, the accused preferred Criminal Appeal No. 34 of 1983 before the Sessions Court, at Baroda. The learned Additional Sessions Judge was pleased to dismiss the appeal on 13-9-1983. Hence, this revision.