MADHUKAR VENKATESH KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner original accused is challenging the order of conviction dated May 17, 1980 recorded by the Judicial Magistrate, First Class, Sangola, convicting the petitioner for an offence punishable under sections 279, 337 and 427 of the Indian Penal Code and section 116 of the Motor Vehicles Act and sentenced to rigorous imprisonment for one month and fine of Rs. 50/-, in default, imprisonment of 15 days.

(2.) The order of conviction and sentence was confirmed in appeal by the II Additional Sessions Judge, Solapur by judgment dated April 30, 1981. The prosecution case is that the accused is working as a driver in the Maharashtra State Road Transport Corporation and on May 9, 1976 he was driving the bus MRR 8027 from Sangli to Akluj. After leaving village Shivane, the accused drove the bus at a very fast speed and gave a dash to the guard stones and thereafter dashed against a tree. The result of the accident was that the passengers in the bus received injuries and the bus was damaged to the tune of Rs. 1000/-. The information of the accident was received at Police Station Sangola and the accused was chargesheeted for having committed the offence of driving the bus rashly and negligently. The accused denied the offence and claimed that he was driving the bus at moderate speed and he was required to apply the brakers as certain goats suddenly came on the road and the result of the sudden application of the brake was that the bus dashed against the guardstones and the tree.

(3.) The trial Magistrate, after recording evidence, came to the conclusion that the accused was driving the bus at a high speed and was liable for conviction for the offence with which he was charged. That order was confirmed in appeal by the Additional Sessions Judge and that has given rise to the present revision application.