SANJAY BHIKHAJI POTDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Nos. 1 to 4 who have been convicted of the offences punishable under Sections 323 and 364 read with 34 of the Indian penal Code and are sentenced to R. I. for 6 months on the first count and r. I. for 2 years and a fine of Rs. 250, in default further R. I. for 2 months on the second count in Sessions Case No. 60 of 1982 on the file of the learned Additional Sessions Judge, Satara, have preferred this appeal.

(2.) BRIEFLY stated the facts giving rise to this appeal are as under :-

(3.) BASAPPA is a driver and initially he was working as a driver on the motor car of PW 8-Jawaharlal Chakke and he served with him for about 3 years. It appears that later on Basappa worked as a driver on the tempo of one Ohirajbhai Shah for about 4 years. At the time of incident, he was however serving as a driver on Tempo No. MTJ 4633 belonging to one Gajanan Lad. Ajay alias Battu is the son of said Gajanan. He was having a bicycle shop which was being run in the name and style of 'datta cycle Mart' and it was situated just opposit to Karad S. T. Stand. In between one S. T. Stand and the said Datta Cycle Mart there is a Karad highway which runs South-North and there is a rickshaw stand and parking place for taxies and tempos near the said Datta Cycle Mart. It is also the prosecution case that since about a year before the incident the accused No. 1 had purchased tempo bearing registration No. MTM 3170 and the accused No. 2 was serving as the driver on that tempo. The accused No. 3 is the son of sister of Suman Potdar. It is also the prosecution case that the accused No. 4 is a friend of the accused Nos. 1 and 3.