BASIRBHAI ISMAILBHAI SETA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The formal service of notice of Rule is waived by Mrs.Hansa Punani, learned Additional Public Prosecutor, on behalf of the respondentState.

(2.) By way of present Revision Application preferred under section 397 read with section 401 of the Code of Criminal Procedure, 1973, the applicantconvict challenges the legality and validity of the judgment and order of conviction and sentence dated December 30, 2008 passed by the learned Judicial Magistrate, First Class, Junagadh in Criminal Case No.171 of 2005, as also the judgment and order dated April 13, 2015 passed by the learned Additional Sessions Judge, Junagadh in Criminal Appeal No.67 of 2008, whereby the trial Court convicted the applicantconvict for the offences punishable under sections 304A, 279 and 337 of the Indian Penal Code, 1860 and section 184 of the Motor Vehicles Act, 1988, and sentenced him to undergo (i) simple imprisonment for one year and a fine of Rs.1000/, in default to undergo simple imprisonment for one month, (ii) simple imprisonment for three months and a fine of Rs.500/, in default to undergo simple imprisonment for 15 days and (iii) simple imprisonment for three months and a fine of Rs.250/, in default to undergo simple imprisonment for seven days, respectively. Insofar as section 184 of the Motor Vehicles Act, 1988 is concerned, it is observed that since the sentence has already been imposed under section 279 of the Indian Penal Code, no separate sentence is awarded. The judgment and order of conviction and sentence ultimately came to be confirmed by the appellate court.

(3.) A first information report came to be lodged by one Suragbhai Vajsurbhai being IC.R. No.84 of 2004 with Keshod Police Station stating inter alia therein that while he was going with one Lalbhai, his brother Najabhai was the pillion rider of another motorcycle driven by one Naranbhai. They were heading towards Mendarda. When they reached near Galadiya Patiya, a mini bus came from opposite side and dashed with the motorcycle on which Najabhai was the pillion rider. Both Naranbhai and Najabhai who were on the said motorcycle fell down and sustained injuries and, therefore, they were taken to Mendarda Government Hospital and for further treatment to Junagadh Government Hospital. Naranbhai was declared dead over there. During the course of treatment, Najabhai i.e. brother of the complainant, was taken to Gokul Hospital for further treatment. He had sustained injuries on the head. This occurred due to sole negligence of the driver of the mini but who drove it at a full speed.