GOVIND @ DWARKADAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Revision is directed against the judgment and order of conviction, passed by the learned Judicial Magistrate, First Class, Sailu, dated 3.7.1999 in Summary Criminal Case No. 210 of 1997, by which the applicant was convicted for the offence punishable under Section 304A of the Indian Penal Code and was directed to suffer simple imprisonment for three months and to pay a fine of Rs.2,000/, in default to suffer simple imprisonment for 45 days, together with the judgment and order, passed by the learned 3rd Additional Sessions Judge, Parbhani, dated 2.3.2002 in Criminal Appeal No. 37 of 1999, whereby the learned lower appellate court dismissed the appeal filed by the applicant and thereby confirmed the judgment and order of conviction.

(2.) Briefly stated, the prosecution case is as under : On 29.11.1997 the applicant was found to be driving a tempo trax bearing registration no. MH22/8207. According to the prosecution, the applicant was driving the said jeep negligently and gave a dash to Sachin Sanjay Jadhav, aged about 3 years, resident of Vidyanagar, Sailu, resulting into his death.

(3.) First information report was immediately lodged by Sheshrao Ashruba Raut (PW 1). The first information report was disclosing commission of a cognizable offence, therefore, the police station authorities at Sailu, District Parbhani registered a crime against the present applicant vide Crime No.174 of 1997 for the ofence punishable under Section 304A of the Indian Penal Code.