BHAUSAHEB SAKHARAM MHASRUK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The revision is filed by the original accused, a driver of a bus of State Transport Corporation, against concurrent orders of conviction and sentences by the two courts below, convicting him for the offence of rash and negligent driving, resulting in the death of an old woman on the street waiting for the bus, the offence under section 304-A as also under section 279 of the Indian Penal Code.

(2.) Since it was a concurrent finding of guilt recorded by both the courts below, I was hesitant initially in disturbing the same, but when Mr. Agarwal, the learned Advocate for the petitioner satisfied me that certain part of the prosecution evidence was of the positive effect that no conviction could have been brought home against the accused, and that the same was overlooked by the courts below, I went through the entire evidence as also through the judgments of both the courts below, and after examining the said evidence carefully, I am satisfied that the grievance of Mr. Agarwal was more than justified and that the error committed by both the courts below is of such a gross character that this Court would not only be having jurisdiction sitting in revisional jurisdiction to interfere with the said finding but would even be under obligation to do so.

(3.) Before stating the prosecution case relating to the offence, certain factual position relating to the geography of the place of the incident may be mentioned. The place of offence is near the inter-section of two roads, viz., the Dhule Chalisgaon Road which goes north, and the Arvi Parola Road which goes west to east. Near the inter-section of these roads are the bus-stops in village Borkund. We are concerned with the bus-stop for the bus going on the Dhule Chalisgaon Road to Chalisgaon. That bus-stop is just before the intersection towards the northern side. It is an admitted position that near the bus-stop there is a sugar cane shop. This sugar-cane shop is described in these parts as Rasavanti. There is further no dispute that on the opposite side of the road i.e. on the western side there is a hotel and there is no dispute that on the date in question the hotel was closed. There is the further admitted position that just as the Borkund bus-stop for the bus going from Dhule to Chalisgaon is situated on eastern side just before the intersection. Likewise, the bus-stop for the bus going from Arvi to Parola is on the northern side of the road just after the intersection.