HARISINH MAHIPATSINH JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the the judgment and order of conviction dated 21st September, 2005 passed by the learned Metropolitan Magistrate, Court No.4 in Criminal Case No.137 of 1998 and convicted the applicant for the offence punishable under Section 279 to undergo simple imprisonment for a period of two months as also fine of Rs.500/-, and in default of payment of fine, ordered to undergo further imprisonment for a period of 30 days and for the offence punishable under Section 304-A, the applicant is convicted to undergo simple imprisonment for a period of six months as also fine of Rs.1,000/-, and in default of payment of fine, ordered to undergo further imprisonment for a period of 30 days. The said judgment and order of conviction is confirmed by the learned Additional City Sessions Judge, Ahmedabad vide his judgment and order of dated 5th May, 2006 in Criminal Appeal No.31 of 2006.

(2.) THE story of the prosecution is that, while taking the bus in reverse at 16.45 hours, because of negligent and rash driving, got the bus run over on innocent old aged person, who died on the spot, because of the said incident.

(3.) BEING aggrieved by the said judgment and order of conviction and sentence, the applicant has preferred the present Criminal Revision Application before this Court.