VIKRAM PABJI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Criminal Revision Application is preferred by the revisionist to challenge the judgment and order rendered by the City Sessions Court, in Criminal Appeal No.20/1991, on 4.10.1991, and to challenge the judgment and order passed by the Metropolitan Court No.3, in Criminal Case No.3369/1989, on 27.3.1991, convicting and confirming the conviction of the revisionist for the offences punishable under Sections 279 & 304 -A of the Indian Penal Code. The trial Court, after considering the evidence, found that the prosecution was successful in establishing the charge and while convicting the revisionist for the offence punishable under Section 279 IPC, sentenced him to undergo S.I for one month and to pay a fine of Rs.100/ -, in default, to undergo further S.I for one week. While convicting the revisionist for the offence punishable under Section 304A IPC, the Court sentenced him to undergo S.I for six months and to pay a fine of Rs.200/ -, in default, to undergo further S.I for 15 days.

(2.) THE facts of the case, briefly stated, are that the revisionist was driving Jeep -Car No. GUF -478 travelling from Dehgam side to Naroda side on 29.10.1989 around 19.45 hours. It was the case of the prosecution that the vehicle was being driven by the accused on the wrong side in a rash and negligent manner, and when the Jeep -Car was passing by the Naroda S.T. Bus Stand, it dashed against Cyclist Deepak and as a result of the accident, Deepak suffered several injuries and ultimately, succumbed to the same. The Jeep -Car also dashed against the first informant and caused injuries to his right leg. An FIR was, therefore, lodged and offence was registered under Sections 279, 304A and 337 of the Indian Penal Code and Sections 112 and 116 of the Motor Vehicles Act. The witnesses were examined and ultimately, conviction came to be recorded.

(3.) THIS Court has heard learned advocate Mr.Asim Pandya for the revisionist, and learned A.P.P. Mr.K.C.Shah for the respondent -State.