KANAIYALAL ARJANDAS Vs. TRIBHOVANDAS DEVSIBHAI PANDIT

JUDGEMENT

(1.) Kanaiyalal Arjandas-original complainant in Criminal case No. 8219 of 1984 on the file of the Judicial Magistrate, First Class, Narol has preferred the present Revision Application against the order of the learned Additional Sessions Judge, Ahmedabad (Rural) at Narol passed on 17th September, 1985 in Criminal Appeal No. 55 of 1985. Neither Revision Applicant nor the applicant's advocate is present, but as this Revision Application is admitted and as the record and proceedings is on record, I proceed to decide this Revision Application on merits after perusing the record and after hearing the learned Additional Public Prosecutor Mr. Divetia supporting the Revision Applicant.

(2.) The respondent No. 1 was charge-sheeted by the police of Narol police station on the allegation that on 19.11.1984, at about 12.45 p.m., he drove his truck No. GTC 2265 at Kubernagar, "G" ward near Radhaswami Auto centre in rash and negligent manner and caused death of Kishorbhai. a boy aged about 15 years. The learned Magistrate at Narol had framed charge against the accused for the offence punishable under Secs. 304-A and 279 of,the Indian Penal Code. The respondent No. 1 accused had pleaded not guilty to the charge and his defence was a total denial.

(3.) In order to prove its case against the respondent No. 1, the prosecution had examined number of witnesses. On considering the evidence before him, learned Judicial Magistrate came to the conclusion that the accused who was the driver of the said truck No. GTG 2265 at the time of the incident had driven his truck in rash and negligent manner and had caused death of Kishorbhai. He, therefore, sentenced the respondent No. 1 under See. 304-A of the Indian Penal Code to suffer RI for one year and to pay a fine of Rs. 500/-, in default, to suffer RI for one year, but chose not to award any sentence under Sec. 279 of the Indian Penal Code as well as under Sec. 116 of the Motor Vehicles Act.