SAYYADRASUL SAYYADAHAMAD PIRJADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused in this case who was the driver of motor truck No. MYJ 3915 stands convicted for having committed offences punishable under sections 304-A, 279 and 338 of the Indian Penal Code and section 89 read with section 112 of the Motor Vehicles Act. The petitioner-accused was found guilty by the trial Court and was sentenced to undergo R. I. for a term of nine months and to pay a fine of Rs. 300/-, in default to undergo further R. I. for three months for the offence punishable under section 304-A, I. P. C. He was also found guilty of the offences punishable under sections 279 and 338, I. P. C. and was sentenced to pay a fine of Rs. 300/-, in default, to undergo simple imprisonment for two months for both the counts. He was also sentenced to pay a fine of Rs. 100/-, in default to undergo two months simple imprisonment for the offence punishable under section 89 read with section 112 of the Motor Vehicles Act.

(2.) AGAINST his conviction the accused filed an appeal to the Sessions Judge, Sangli. The learned Sessions Judge dismissed the appeal and maintained the sentences and fine imposed on the accused.

(3.) I have heard Shri Pradhan, learned Counsel appearing on behalf of the petitioner-accused as also Shri patil, the learned Public Prosecutor. Shri Pradhan has strongly contended that the evidence of the only witness Gosavi is rather vague on the question regarding the speed of the truck. He is also uncertain with regard to the manner in which the incident took place.