PAUL PETER DMELLO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the accused who was a taxi driver, against his conviction, by the learned Presidency Magistrate under sections 279 and 338 of the Indian Penal Code and also under section 89(a) and 89(b) read with section 118-A of the Motor Vehicles Act. The learned Magistrate has sentenced the accused for the conviction under section 279 of the Indian Penal Code to one month rigorous imprisonment, for conviction under Section. 338 of the Indian Penal Code to 4 months rigorous imprisonment and for conviction under section 89(a) and 89(b) read with section 118-A of the Motor Vehicles Act, to 15 days rigorous imprisonment on each account.

(2.) The prosecution case was as follows:

(3.) Medical examination showed that he had suffered inter alia communated fracture upper end of left ibia, communated fracture mid shaft right tibia, C.L.W. left knee 1 x 1/2" x muscle deep, and one punctured wound 1/8" x 1/8" bone deep left leg upper 3rd. On information, the police Sub-Inspector attached to the Kurla police Station went to the hospital at about 12-45 a.m. on 24-10-1972 and recorded the statement of the injured person as well as the said Vithal, driver of the lorry. He then inspected the place of the incident, took measurement and found the width of the road was 14-20 metres and also notice skid marks of about 7 metres running from north to south which were the skid marks of are and not lorry and the distance between eastern footpath and skid marks was 5.10 metres. He then traced the taxi owner and thereafter arrested the accused and charge-sheeted for the above offence.