STATE OF MAHARASHTRA Vs. BHALCHANDRA WAMAN PETHE

JUDGEMENT

(1.) THE accused in this case was convicted under S. 304-A and S. 337 of the Indian Penal code and sentenced to pay a fine of Rs. 2,000 and Rs. 200 in default to suffer rigorous imprisonment of six months and two months on each of these counts respectively. As it was felt that the sentences was inadequate, the case was directed to the be placed before the court dealing with criminal matter when the court a notice enhancement was issued by Palerkar, j.

(2.) ON 15th February 1964. , the accused was driving his motor car on the Marine Drive, now known as Netaji Subhash Road, from North to south. At abort 5 - 30 P. m. that day Kunda the deceased who aged about twenty = one years, and her younger sister, about Vidya, aged about ten were crossing, it is said the pedestrian crossing near "b" Road, Churchgate, at which the accused car knocked of this kunda died and the vidya received some injuries.

(3.) THERE is a pedestrian crossing situated at the junction of "b" Road and Netaji Subhash Road. There is Bus stop and the northern side of "b" Road Corner, and Natraj Hotel is at the southern corner of that road the pedestrian crossing was indicated by tow broken transverse lines opposite the Bus to stop and two transverse broken lines opposite the Natraj Hotel onto southern side. There is board "pedestrian Crossing" on the northern and sides near where the pedestrian board is displayed on the southern side the second set of transverse broken lines.