SHIVAJI SANTU ZANZAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Revision Application takes exception to the judgment of Trial Court convicting and sentencing Revision Applicant for the offences punishable under Ss. 279, 304(A) and 337 of the Indian Penal Code, 1860 (for short "IPC") and Appellate Court, upholding the said judgment. For the offence under Sec. 279 IPC Applicant is sentenced to suffer simple imprisonment of one month and pay fine of Rs.1000.00; for the offence punishable under Sec. 304(A) IPC Applicant is sentenced to suffer simple imprisonment for six months and pay fine of Rs.500.00 and for offence punishable under Sec. 337 IPC, Applicant is sentenced to pay fine of Rs.200.00. In default of payment of fine, Applicant is directed to suffer simple imprisonment for one month. It is directed that all sentences of imprisonment shall run concurrently.

(2.) I have heard Mr. Tajane, learned Advocate for Applicant and Ms. Phad, learned APP for State. After hearing Mr. Tajane and learned APP, at the outset I would like to begin with the submissions made by Ms. Phad, learned APP. While relying upon certain observations of the Supreme Court in the case of State of Punjab Vs. Saurabh Bakshi reported in (2015) 5 SCC 182, she would submit that this Court cannot be oblivious to the fact that in the present case due to the act of rash and negligent driving by Applicant, it has resulted in death of an individual. She would draw my attention to the aforesaid judgment and contend that what has been observed by the Supreme Court in paragraph No. 1 of the judgment holds truth even today and therefore this Court will not shut its eyes to the same. The relevant extract in paragraph No. 1 of the said decision reads thus:-

(3.) In the aforesaid backdrop what would be pertinent for me is to note the facts of the case for which the Revision Applicant has been convicted before adverting to the submissions. Date of incident is 19/4/1993. Applicant then 39 years old and with a substantial service record of being a driver was driving a PMT bus (Pune Municipal Transport) from Yerawada to Ramwadi at 7.15 a.m. in the morning. On reaching the junction of Mahendra Society on Pune- Nagar road, he dashed with a motorcycle driven by the first informant PW-3 resulting in the said motorcycle falling on the right side of the bus, damaging its headlight and kick-start and injuring PW-3 and the pillion rider namely Umeshchandra Kuswah. It is the prosecution case that after the accident police arrived at the accident spot and since both riders received injuries, they were sent to hospital in an auto rickshaw. Spot panchnama was drawn below Exh. 11. A formal complaint was registered by the Police while simultaneously sending PW-3 and Umeshchandra Kuswah to the hospital for receiving treatment. C.R. No. 192 of 1993 was lodged and investigated by Police. Both vehicles i.e. PMT bus and the two wheeler (motorcycle) were examined by RTO and RTO report below Exh. 19 of motorcycle No. MH-12/M-0969 and PMT bus below Exh. 20 was filed and taken on record during trial. Umeshchandra Kuswah succumbed to his injuries in the hospital after admission on the same day. Report of postmortem of deceased Umeshchandra Kuswah was taken on record below Exh.21. Charge was framed below Exh. 7 under Ss. 379, 304(A) and 337 IPC where Revision Applicant pleaded not guilty.