STATE OF GUJARAT Vs. BHUPENDRAKUMAR HARGOVINDAS SHAH

JUDGEMENT

(1.) Both the aforesaid proceedings are directed for the enhancement of sentence passed by the learned Metropolitan Magistrate 9 Court Ahmedabad in Criminal Case No. 64 of 1975 wherein the learned Magistrate directed that the respondent-accused should suffer imprisonment till rising of the court and to pay a fine of Rs. 2500/in default to suffer simple imprisonment for two months for commission of offences punishable under sec. 304-A of the Indian Penal Code and secs. 78 read with sec. 112 and 116 of the Bombay Motor Vehicles Act 1939

(2.) A few relevant facts giving rise to these two proceedings may be stated in brief:

(3.) In substance the prosecution alleged that on August 1 1974 at about 7-30 p. m. the respondent-accused was driving his car bearing No. GJR. 8511 on Subhash Bridge Ahmedabad and at that time he collided the car by driving the same rashly and negligently with a scooter driven by deceased Ravi Sharma. After the deceased fell down from the scooter he was obviously severely injured and was removed to the Civil Hospital in Ahmedabad soon thereafter in an Ambulance van. It may be mentioned at this stage that on the night in question the victim died.