BISHNOI MANOJKUMAR HARIRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellant original accused, under Section 374 of the Cr. P.C., against the Judgment and order dated 04.02.2011 rendered by the learned Additional Sessions Judge, 1st Fast Track Court, Mehsana, in Sessions Case No.28 of 2010, whereby the appellantaccused was convicted for the offence punishable under Sections 279 of the Indian Penal Code and sentenced to undergo 6 months simple imprisonment with fine of Rs.500/,in default of payment of fine, simple imprisonment of 1 month, for the offence punishable under Section 304 PartII of the IPC and sentenced to undergo 7 years rigorous imprisonment with fine of Rs.5000/,in default of payment of fine, simple imprisonment of 3 months and for the offence punishable under Section 177 of the Motor Vehicle Act and awarded fine of Rs.100/,in default of payment of fine, simple imprisonment of 2 days and for the offence punishable under Section 184 of the Motor Vehicle Act and sentence to undergo 6 months simple imprisonment with fine of Rs.500/,in default of payment of fine, simple imprisonment of 1 month.

(2.) ACCORDING to the prosecution case, on 09.11.2009 at about 6:30 a.m., near Soneripura Patia, MehsanaUnjha Highway, when victimsJain Sadhvis were passing through service road on foot, a truck bearing registration No.RJ1G2897, driven by the appellantaccused rashly, came from the opposite side and dashed with those Jain Sadhvis, and in the said unfortunate vehicular accident, four Sadhvis died. In connection of the said offence, a complaint was filed bearing IC.R.No.229 of 2009 before the Mehsana Police Station by an unarmed Police Constable, Mehsana. Thereafter, the investigation was carried out by the Investigating Officer and place of panchnama and inquest panchnama of four deceased were drawn. Dead bodies of four Jain Sadhvis were sent to hospital for postmortem report and statements of the eyewitnesses, who were present at the time of incident were recorded. Thereafter, truck No.RJ1G2897 was seized and panchnama was drawn and physical condition of the panchnama of appellantaccused was also carried out by the Investigating Officer. Then PM notes were obtained by Investigating Agency and muddmal ravangi note was prepared and muddamal was sent to FSL and map of place was also prepared.

(3.) ON the basis of above allegations, charge was framed against the appellantaccused vide Exh.2 and readover and explained to the appellantaccused for the offences punishable under Sections 279, 304 PartII of the Indian Penal Code and under Sections 177, 184 and 134 of the Motor Vehicle Act. Then plea at Exh.3 was recorded, wherein, appellateaccused pleaded not guilty to the charge and claimed to be tried.