RABANBHAI SANTUBHAI DHIKALE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The revisionist, original accused, has invoked the provisions of section 397 read with section 401 of the Code of Criminal Procedure Code, 1973 (for short, Sthe Code ) for challenging the judgment and order dated 23.12.1997 passed by the learned Judicial Magistrate First Class, Karjan in criminal case No.1864/95 whereby the petitioner was convicted for the offence punishable under sections 279, 337, 338, 304-A of Indian Penal Code and sections 177 and 184 of the Motor Vehicles Act.

(2.) At the end of the trial, for the offence under section 279 and 304A of the Motor Vehicles Act, the present petitioner was convicted and awarded sentence of three months and fine of Rs.100/-, in default 15 days' simple imprisonment. For offence under section 304A of IPC, the petitioner was convicted and sentenced for six months simple imprisonment and fine of Rs.200/- and in default, 30 days simple imprisonment. For offence under section 337 of IPC, the petitioner was convicted and sentenced for one month simple imprisonment and sentenced for three months simple imprisonment under section 338 of IPC. For offence punishable under section 184 of the Motor Vehicles Act, the petitioner was convicted and sentenced for fine of Rs.100/- and in default, 10 days simple imprisonment. The petitioner was convicted for fine of Rs.50/- and in default 7 days simple imprisonment under section 177 of the Motor Vehicles Act. The above sentences had been ordered to run concurrently.

(3.) Against the said order, the petitioner preferred appeal being Appeal No.30/97 before the learned Sessions Judge, Baroda. The said appeal was dismissed and the judgment and order passed by the learned JMFC, Karjan was confirmed by the learned Sessions Judge, by judgment and order dated 25.6.1998. By filing this Revision, the petitioner has challenged both the orders passed by the lower court as well as the Appellate Court.