DEEPAK BABUSING PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Perused.

(2.) This is a Criminal Revision Application challenging the concurrent findings of guilt and sentence under Sections 279, 304- A, 337, 338 of Indian Penal Code, 1860 and under Section 184 of Motor Vehicles Act recorded by the Courts below.

(3.) There is no dispute that at the material time the applicant/ accused was driving the vehicle in question in Ghat section, and was negotiating upward slope at a place where on the left there was a valley and it was raining around that time. It is in these circumstances, the applicant/ accused ventured to overtake a truck ahead of him and came across a truck from opposite direction and to save himself dashed to the truck he was overtaking. As a result of this accident one lady lost her life and several others in the vehicle were injured.