BHANGI CHAMANBHAI MOHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Revision Application is filed by the revisionist-original accused against the judgment and order dated 12. 6. 2009 passed by the learned 3rd Addl. Sessions Jjudge, Mehsana in Criminal Appeal No. 23/2009 by which the Appellate Judge has confirmed the judgment and order dated 29. 1. 2009 passed by the learned Judicial Magistrate First Class, Mehsana in Criminal Case No. 2381 of 2007 by which the present petitioner-accused was convicted and sentenced to suffer six months' simple imprisonment and fine of Rs. 500/- and in default to undergo further simple imprisonment for 10 days for offence under sections 279 of IPC. For offence under section 304a of IPC, the accused was sentenced to suffer one year's simple imprisonment and to pay a fine of Rs. 600/- in default to suffer further 10 days' simple imprisonment. For offence under sections 177 and 184 of the Motor Vehicles Act, the accused was ordered to pay fine of Rs. 50/- each , in default to suffer 4 days' simple imprisonment. Both these orders are challenged in this Revision Application.

(2.) IN brief, it is the case of the petitioner-accused that the present petitioner-accused was driving matador bearing No. GJ. 3u 9209. it is alleged that a complaint was lodged by complainant Aalpeshbhai Kanubhai Solanki that on 2. 1. 2007 he was going from Mehsana to his Mosal Rudtal village along with his brother-Pintoo in the matador which was loaded with the household appliances and other goods for delivering the same to his uncle's place. His neighbour-Bharatbhai Marathi was also with the complainant in the matador. They reached their maternal uncle's house at village Rudtal at about 4 pm and unloaded the goods. Brother of the complainant was sitting in the cabin of the driver near the door and the complainant and the neighbour were sitting in between. It is alleged that the matador was driven in full speed in a rash and negligent manner. While returning from village Rudtal, near village Kasalpura, Chamanlal-the accused who was driving the matador took a sudden turn in full speed as a car was coming from the opposite side. On account of this deceased Pintoo fell down from the matador and the rear wheel of the matador rolled over him. Pintoo died on the spot. In this accident, Bharat as well as his Chamanlal also received simple injuries. As per the complaint, the incident took place at 6 p. m. On the basis of the complaint, offence was registered and at the end of the investigation, charge sheet was filed against the present petitioner-original accused before the learned Judicial Magistrate First Class, Mehsana.

(3.) TO prove its case, the prosecution has examined 4 witnesses including PW 2-complainant Alpeshbhai, PW 1, Rawal Prabhubhai, Thakore Dhanaji Bhuptaji, PW 4 and Patel Khodidas Vithaldas, PW 5.