MAHADEO PANDURANG PHADTARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the applicant and the learned APP for the State.

(2.) Applicant is challenging the judgment and order passed by the Additional Sessions Judge, Raigad in Criminal Appeal No. 30 of 1993 whereby the Sessions Judge was pleased to convict the accused for the offence punishable under section 304-A and sentence him to suffer simple imprisonment for one year and six months and to pay fine of Rs 3000/- and, in default, to further undergo simple imprisonment for one month. The accused was also convicted for the offence punishable under section 338 of the Indian Penal Code and sentenced to suffer simple imprisonment for one month and to pay a fine of Rs 500/- and, in default, to further undergo simple imprisonment for 15 days. He was also convicted under sections 427 of the Indian Penal Code and 184 of the Motor Vehicles Act and sentenced to suffer simple imprisonment for one month. The Additional Sessions Judge has partly allowed the appeal of the applicant. However, he has confirmed the findings recorded by the trial court and the sentence was altered from two years to one and half years. Being aggrieved by the aforesaid orders, the applicant has filed this Criminal Revision Application.

(3.) Brief facts which are relevant for the purpose of deciding the present Criminal Revision Application are as under :-