FATEHMOHMOD ALIYASBHAI SAMANTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the order dated 3/09/1984 passed by the Sessions Judge Banaskantha District at Palanpur in Criminal Appeal No. 12 of 1984 the petitioner-accused has filed this revision application

(2.) It was the prosecution case that the petitioner was driving one bus belonging to the Agricultural University Dantiwada on 9-9-1981 at about 7-30 p. m. He was going from Palanpur to Dantiwada. When he came near village Chadotar on the Highway two persons were found walking ahead of him on the edge of the tar road. It is the prosecution version that he was driving the bus rashly and negligently. He knocked down one person named Vaghari Ujambhai Punjabhai who died on the spot. The complaint was filed by Virabhai Mohanbhai at about 8 a.m. at the police station. After die investigation the accused was charge-sheeted before the Chief Judicial Magistrate Palanpur. The case was transferred to the Judicial Magistrate First Class Palanpur. After taking into consideration the evidence of the eye-witnesses and other witnesses the Judicial Magistrate First Class Palanpur by his judgment and order dated 9-1-1984 convicted the petitioner for the offences punishable under Secs. 304A and 279 of the Indian Penal Code and Secs. 112 & 116 of the Motor Vehicles Act and imposed S.I. for six months and a fine of Rs. 200.00 in default S. I. for 15 days. Against the said judgment and order the petitioner preferred Criminal Appeal No. 12 of 1984 before the Sessions Court Banaskantha. After elaborate discussion of evidence and the law the learned Sessions Judge dismissed the appeal and confirmed the order of conviction and sentence passed by the Judicial Magistrate. He arrived at the conclusion that it cannot be said that the sentence was in any way excessive inadequate or unjust.

(3.) At the time of admission of this revision application the following order was passed: