ANNASAHEB BANDU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner's appeal against the order of conviction and sentence passed by the Judicial Magistrate, First Class, Wai, has been dismissed by the learned Additional Sessions Judge, Satara on 23/08/1988. Aggrieved by that order this revision application has been filed in this court.

(2.) THE petitioner is a driver by profession and was at the material time i. e. on 5th August 1486 at about 1-15 p. m. proceeding towards Bangalore by Pune Bangalore Highway. The prosecution alleged that he suddenly applied breaks as a result of which the bus which he was driving turned turtle i. e. it faced exact opposite direction and dashed against an electric pole. As a result of this some of the passengers were injured. A report was lodged at the police station by the conductor of the bus and after investigating into the same, a chargesheet came to be filed. The learned Magistrate tried the petitioner in a summary trial No. 538 of 1986 on the charges u/ss. 279, 337 and 338 of the I. P. C. and S. 116 of the Motor Vehicles Act.

(3.) BEFORE the learned Magistrate one of the passengers Shri Deshpande was examined in addition to one Baburao. The statement of the accused u/s. 313, Cr. P. C. was duly recorded and after considering the material that was placed before him, which included the panchanama of the scene of offence, the learned Magistrate convicted the petitioner as stated above and sentenced him to imprisonment for a period of two months u/ss. 279, 337 and 338, I. P. C. and imposed a fine of Rs. 1000 and u/s. 116 of the Motor Vehicles Act directed him to pay a fine of Rs. 100.