MADHUKAR GAURISHANKAR SWAMI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned Public Prosecutor for the State.

(2.) The applicant is challenging the Judgment and Order dated 18-3-1997 passed by the additional Sessions Judge, Pune in Cri. Appeal No. 308/1993, arising out of Judgment and Order dated 22-09-1993 passed by the Judicial magistrate First Class, Khed, in Criminal Case No. 482/1987 whereby the applicant was convicted by the both the lower Courts for an offence punishable under section 279 of Indian Penal Code and sentenced to suffer S. I. for three months and to pay fine of Rs. 100/- and in default to suffer S. I. for one week. He was further convicted for the offence punishable under section 304 (A) of Indian penal Code and sentenced to suffer S. I. for six months and to pay fine of rs. 500/- and in default to suffer S. I. for one month.

(3.) Brief facts which are relevant for the purpose of deciding this application are as under : the applicant was driving his vehicle i. e. Truck No. MTF-8518 on the pune-Nashik Highway and when his vehicle came near Varkad locality a lady got down from another truck which had came from the opposite direction and suddenly crossed road and dashed against applicant's vehicle and crushed to death below rear wheel of the applicant's vehicle. The applicant went to the police station and lodged complaint and informed to police about the accident. Police recorded statement of witnesses and offence of rash and negligent came to be registered against the applicant. Charge-sheet was filed against him under sections 279 and 304-A of Indian Penal Code and 116, 78/112 of Motor Vehicles act. Prosecution examined two eye witnesses and three other witnesses. Both the lower Courts convicted the applicant.