ABDUL AFIZ GULAMRASUL VOHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned Chief Judicial Magistrate, First Class, Petlad in Criminal Case No. 2313 of 1991 awarded conviction and sentenced the petitioner-accused for the offence punishable under Sec. 304 (A) Penal Code for a period of six months; and for the offence punishable under Sec. 279 Penal Code and Sec. 184 of the Motor Vehicle Act, 1988 he was ordered to suffer simple imprisonment for a period of one year; and for the offence under Sec. 338 IPC, simple imprisonment for two months. They all are to run concurrently. This came to be confirmed by the learned Extra Assistant Sessions Judge, Nadiad vide Order dated 23rd July 2004 in Criminal Appeal No. 8 of 1998.

(2.) Brief facts are as follow :

(3.) The appellate Court also appreciated the evidence which was before it and concluded negligence on the part of the applicant-accused. There was nothing to indicate failure of brakes nor any sudden break-down. The Court observed that twenty eight persons were sitting in the vehicle, who all were on official duty of Election, and therefore, the accused ought to have been more careful by sheer number of persons it was carrying and the nature of duty they were performing and he could not have driven the vehicle in rash and negligent manner, and therefore, the Appellate Court has confirmed the judgment and order of conviction so also the order of sentence of the trial Court.