DATTUBHAI @ KIRITBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the appellants-original accused being aggrieved and dissatisfied with the judgment and order dated 17.7.2001 passed by the learned Additional Sessions Judge and Special Judge, Bharuch, in Sessions Case No.43 of 2000 whereby they were convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.500/- each, in default, to suffer further simple imprisonment for one month for the offence punishable under section 332 read with section 114 of the Indian Penal Code ("IPC' for short).

(2.) Short facts of the case of the prosecution are that a complaint was filed by the complainant-Shantilal S. Vasava stating inter alia that he was serving as a conductor in S.T.Depot and on 17.10.1997 in the evening, he departed his S.T.bus No.GJ-1-Z-4794 with passengers and got down the passengers at Ankleshwar Depot and on the next day at 6.45 a.m., he boarded the passengers in the bus and started towards Rajpipla. At that time, at about 7.45 a.m., as bus break having failed, driver Sureshkumar Naranbhai stopped the bus off the road. When accused Nos.1 and 2 asked him as to why he brought the bus from Ankleshwar Depot, he replied as the departure time having been over.

(3.) Heard learned advocate, Mr. Vaibhav N. Sheth for the appellants-original accused and learned APP, Mr.K.L.Pandya, for the respondent-State.