SHANTARAM PANDURANG DENGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was prosecuted for the offences punishable under sections 279, 337 and 338 of the Indian Penal Code, read with section 116 of the Motor Vehicles Act in the Court of the learned Judicial Magistrate (First Class) at Thane.

(2.) It is the prosecution case that on May 20, 1979, at about 2-30 p.m., the accused was driving a Tempo No. MRR/5096 in a rash and negligent manner at a high speed near the cross-road at M.I.D.C. Road. The petitioners tempo dashed against the Tempo MMS-573 on the left side. But to the collision the truck turned turtle and some persons received injuries and the truck was damaged to the extent of Rs. 3,000/-.

(3.) The accused pleaded guilty to the charge. The learned Judicial Magistrate (First Class), convicted the accused of the offence under section 279 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for one month. No separate sentence was passed under section 338 of the Indian Penal Code.