DINESHKUMAR NATHUJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Aggrieved by judgment and order dated 15/12/2000 passed by the learned Metropolitan Magistrate, Court No.19, Ahmedabad in Criminal Case No.853 of 1997, as confirmed by the judgment and order dated 10/01/2002 passed in Criminal Appeal No.5 of 2001 by the learned Additional Sessions Judge, Court No.10, Ahmedbaad sentencing the petitioner on his conviction for the offences punishable under Sections 279, 337, 388 and 304A of the Indian Penal Code and Section 185 of the Motor Vehicles Act, this revision application under Section 397 of the Code of Criminal Procedure (for short Cr.PC) is instituted.

(2.) The short facts giving rise to this case are that, on 19/03/1997 the petitioner, who was discharging his duties as Police Constable was driving police mobile van on his petrolling duty. The mobile van was occupied by other police personnel as well and it's registration number was GBL9112T197. The said vehicle reached at "German Factory", Nasta Seva Kendra situated at the National Highway No.8 between Ahmedabad and Mehmdabad at about 10:30 p.m. At that point of time, certain devotees were walking ahead of the vehicle towards Dakor. It was alleged that the vehicle hit four persons from behind being (01) Narmada P Patel (02) Kanubhaicomplainant (03) Prahladhusband of Narmadaben and (04) Mala K Soni. Out of these persons, Narmadaben Patel succumbed to the injures (she was declared brought dead when reached the Hospital).

(3.) The matter was unsuccessfully taken in appeal by the petitioner.