JAGANNATH JAYRAM CHORMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) This Criminal Revision Application is directed against the judgment and order passed by the Sessions Court, Satara whereby the Sessions Court confirmed the judgment and order passed by the Judicial Magistrate, First Class, Koregaon and convicted the applicant for an offence punishable under section 304-A of the Indian Penal Code and sentenced him to suffer simple imprisonment till rising of the Court and also directed that he should pay fine of Rs 2000/- and, in default, to further suffer simple imprisonment for two months. He is also convicted for an offence punishable under section 187 of the Motor Vehicles Act and sentenced to suffer simple imprisonment till rising of the Court and to pay fine of Rs 2000/- and, in default, to suffer further simple imprisonment for one month.

(3.) The prosecution case, in brief, is that the applicant was driving a tanker on 01/06/1991 at about 9.30 p.m. and witnesses Suresh Dodake (P.W.2) and Mohan Ghongade (P.W.4) were sitting in the said tanker. The prosecution story is that the accused drove the said tanker on the body of one Aba Londhe lying on the road. The prosecution case is that two witnesses saw body of Aba Londhe lying on the road in the light of S.T. Bus which was coming in the opposite direction. After the applicant drove his vehicle on the body of Aba Londhe, he stopped his vehicle at a distance and asked these witnesses to go and check the condition of the person lying on the road. However, both the witnesses were afraid to go back and they did not report this fact to the Police Station. The prosecution case is that even the applicant did not report this incident to the police. The statements of witnesses viz. Suresh Dodake (P.W.2) and Mohan Ghongade (P.W.4) were recorded by the Police after four days. The Police filed charge- sheet and the prosecution relied on the evidence of these two eye witnesses and also statement of the father of the deceased, watchman of High School Devram Kalokhe (P.W.3), Rashid Mulla (P.W.5) and Investigating Officer Pandurang Patil (P.W.6). Both the Courts below relied on the statements of the two eye witnesses and came to the conclusion that the applicant was driving the vehicle in a rash and negligent manner and that he could have saved the life of the deceased Aba Londhe if he had driven the tanker properly.