ANGAD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Revision Application is directed against the Judgment and Order of conviction dated 09/05/1997 passed by the learned Judicial Magistrate First Class, Kandhar in S.C.C. No. 367/1995, which was tried as Regular Criminal Case by the learned Magistrate, by which the present applicant was convicted for the offence punishable u/s 304A of the Indian Penal Code and was directed to suffer Rigorous Imprisonment for 3 months. He was also convicted for the offence punishable u/s 279 of the Indian Penal Code and was directed to suffer Rigorous Imprisonment for 1 month. The learned Magistrate also found him guilty for the offence punishable u/s 66 and 92 of the Motor Vehicles Act and directed that he should pay fine of Rs. 500/- [Rupees Five Hundred only], in default to suffer Simple Imprisonment for 15 days. The learned Magistrate directed that substantial sentences shall run concurrently, together with the Judgment and Order dated 06/01/2003 passed by the learned Additional Sessions Judge, Nanded in Criminal Appeal No. 24/1997, whereby the Appeal filed by the applicant was dismissed.

(2.) The applicant was charged that on 28/03/1995, he was plying auto rickshaw bearing No. MH26/ B1691 on Nanded - Latur public road in rash and negligent manner, resulting into the death of the son of first informant. In order to bring home the guilt, the prosecution examined in all 5 witnesses. The First Information Report [hereinafter referred to as 'F.I.R.' for the sake of brevity] is lodged by Ganpati Raut [P.W.1], the father of deceased Ananda. The F.I.R. is at Exh. 19. It is lodged on the date of incident i.e. 28/03/1995. The sum and substance of the F.I.R. shows that when the first informant along with his son and other co-passengers were sitting in the auto rickshaw, the said rickshaw turned turtle near the 'Dhaba' of one Sardarji.

(3.) In view of the Inquest Panchanama [Exh. 20], the postmortem report [Exh. 24] and the other available evidence on record, it is clear that Ananda died when he was sitting along with his father in the auto rickshaw driven by the present applicant.