SHESHRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Notice after admission is waived by the learned Additional Public Prosecutor. The revision is filed against the judgment and order of Criminal Appeal No. 2/2008 which was pending before the Additional Sessions Judge, Sangamner. The appeal was filed by the petitioner against the judgment and order of S.T.C. No. 793/2005 and this case is decided by the Judicial Magistrate, First Class, Sangamner. The Judicial Magistrate has convicted the petitioner for offence punishable under sections 304-A and 279 of the Indian Penal Code and is sentenced to suffer simple imprisonment for one year and six months respectively with tine of Rs. 1000/- each on both counts. He is also convicted for offences punishable under sections 134(a) read with Section 177, 134(b) read with Section 177 and 184 of the Motor Vehicles Act. Both the sides are heard. This Court has perused the original record.

(2.) The accident took place on 19-9-2005 at about 10.30 a.m. in Sangamner city. The accused-petitioner was driving the bus of the M.S.R.T.C. and his bus was proceeding towards Nashik side. The first informant, Balasaheb, was proceeding on the same direction on his motor cycle. The deceased, a girl aged about 18 years, was proceeding on a bicycle in the same direction. Motor cycle of Balasaheb was behind the bicycle of the deceased and the bus came from the back side. The bus over took the motor cycle and then gave dash to the bicycle of the deceased. The deceased came under the wheels of the bus on Conductor side and she died on the spot.

(3.) The accused stopped the bus after crossing some distance from the point of impact and he ran away. The number of the bus was MH-31-W-9910. The bus driver did not report about the accident to police and no help was offered by the driver and the Conductor and they did not take care to see as to whether the girl was alive.