JAYPRAKASH LAXMAN TAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is hereby assailing correctness, propriety and legality of the judgment and order conviction and sentence passed against him by Metropolitan Magistrate, 17th Court, Mazgaon, Mumbai passed in case No. 88/p/1988, whereby the learned Magistrate convicted the present petitioner for an offence punishable under Section 304a of Indian Penal Code and sentenced him to undergo rigorous imprisonment for 9 months and to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for two months. The learned Magistrate directed that after realisation of fine, amount of Rs. 1000/- be paid to legal heirs of each deceased, and Rs. 500/- be given to the heirs of each injured person. The petitioner is also challenging the correctness, propriety and legality of the order of the Additional Sessions Judge, Greater Mumbai, who confirmed the said order of conviction and sentence by dismissing Criminal Appeal No. 70 of 1995 filed by the petitioner in the said Court.

(2.) THE facts, which can be mentioned are as mentioned hereunder. On 12/9/1987 at about 1. 30 a. m. the complainant Lallan was driving a taxi and was going towards Bhendi Bazaar from Dadar by driving the said taxi on Dr. Babasaheb Ambedkar Road. When he was passing through the said road and was near Jayhind Cinema, Chinchpokali, a Municipal Van bearing No. MRO-6763 (B. M. C. Truck driven by the present petitioner), was coming from opposite direction. IT is the prosecution case, that the said truck was in high speed. On account of high speed, as per prosecution case, driver of the said van (present petitioner) lost the control and said van crossed the divider of the road and came on eastern side of the said road, on account of which there was a collision between the said van and the said taxi of the complainant and another. In the said collision two passengers and driver of another taxi were injured. Unfortunately, the driver and one passenger expired, Lallan Jiteram Parmar, P. W. 1, the driver of the taxi which collided from the opposite direction lodged FIR, against the present petitioner. His taxi was damaged but another taxi was crushed and was heavily damaged. The driver and one passenger travelling by the said taxi died. That taxi was ahead of the taxi which was driven by P. W. 1 Lallan. Lallan became unconscious after sustaining injuries on account of the said accident. The present petitioner was prosecuted and tried before the learned Magistrate. The trial ended in conviction and sentence and that order of conviction and sentence is being assailed by this revision petition.

(3.) IN the present case, the trial Court examined one Shahaji Baburao Patil, who was at the relevant time attached to the Regional Office of R. T. O situated at Tardeo as Inspector of Motor Vehicles. His evidence shows the mechanical condition of said van which was being driven by the present petitioner. It gives description as to how frontal wheels and rear side wheels were situated.