JAGANNATH FAKIRCHAND KHANDEBHARAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORIGINAL Accused Jagannath Fakirchand khandebharad being dissatisfied with the order passed by the Judicial Magistrate (First Class) Ambad dated 29/9/1989 convicting him for the offence punishable under Section 279 of Indian Penal Code and directing him to suffer R. I. for 3 months and to pay fine of Rs. 300/in default R. I. for one month, further convicting him for the offence under Section 337 and directing to suffer R. I. for 3 months and to pay fine of Rs. 300/in default R. I. for one month, and also convicting him for the offence under Section 42 (1) read with Section 123 of motor Vehicles Act and directing him to pay fine of Rs. 1000/- in default R. I. for 3 months, which is later on confirmed in Criminal Appeal No. 63/1989 by Sessions judge, Jalna by his order dated 30/3/1994, filed present petition.

(2.) THE facts, in brief, leading to the present petition are that; the alleged accident took place on 6/3/1988 on Chikangaon to Kharadgaon road near Chinchgaon fata. It is alleged that, the present petitioner was driving tractor bearing registration No. MFT/2301. It is further alleged that, some 30 to 40 occupants were in the trolly of the said tractor. A marriage party was proceeding in the said tractor along with two other tractors. It is further case of prosecution that, the petitioner who was driving tractor was rash and negligent. The tractor accordingly turned turtle. The occupants from the trolly of the said tractor including bajrang, Damu, Natha, Namdeo i. e. near about 10 to 12 persons sustained injuries. It was also noticed that the petitioner was driving tractor without having any valid licence. Information was accordingly given to the police station Ambad. Injured were taken to the Primary health Centre, Pachod. Laxman Joshi, Head Constable attached to the Ambad Police Station, made inquiry and thereafter filed complaint in respect of the said incident. Accordingly, registered offence under Section 279 and 338 of Indian Penal Code and also offence under section 42 (1) read with Section 123 and 116 of Motor vehicles Act. Head Constable Joshi, after completing investigation submitted charge sheet before the Judicial magistrate (First Class) Ambad.

(3.) THE Judicial Magistrate (First Class)accordingly recorded plea of accused as per Exh. 3. Particulars of offence were explained to the accused on 27. 12. 1988. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution to connect the accused with the above said crime examined 5 witnesses i. e. P. W. 1 Prakash Chagan, one of the injured, P. W. 2 Natha Motiram Kasbe, another injured and an eye witness to the said incident. P. W. 3 Dr. Sudam mogale, medical officer attached to the Primary Health centre, Pachod. P. W. 4 Dr. Mohamad Ismile, is another medical officer who examined some of the injured. P. W. 5 is Laxman Joshi, investigating officer. Through his evidence Complaint Exh. 27 is got proved.