GUNDAPPA MADOLAPPA SAMANGAVE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, a S.T. Driver, on 02/02/1995 was driving S.T. Bus bearing registration No. MH-20/D-1744. He was plying the said bus from Kinwat to Latur. On State High-way of Bhokar - Nanded near village Tatkalwadi, accident took place. In the said accident Ashok Narayan Wagadkar succumbed to the injuries as mentioned in Exh. 31, the postmortem report. The applicant - driver was prosecuted for the offences punishable u/ss 279 and 304-A of the Indian Penal Code in Crime No. 27/1995. In a criminal case bearing S.C.C. No. 171/1995, the learned J.M.F.C, Bhokar framed Charge against the present applicant. The applicant abjured his guilt and claimed for his trial. In order to bring home the guilt, the prosecution has examined in all 7 witnesses and also relied on various documents.

(2.) The learned J.M.F.C, Bhokar vide its Judgment and order dated 03/04/1996 recorded a finding of guilt against the applicant and sentenced him to suffer Simple Imprisonment for 3 months and also ordered to pay fine of Rs. 1,000/- [Rupees One Thousand only], in default to suffer Simple Imprisonment for 15 days for the offences punishable u/ss 279 and 304-A of the Indian Penal Code.

(3.) The applicant carried Appeal before the learned Sessions Judge, Nanded. The said Appeal was registered as Criminal Appeal No. 33/1996 and the learned Additional Sessions Judge, Nanded on 01/02/2002 dismissed the said Appeal and thereby confirmed the order of conviction. Hence, this Revision.