FARIDA PHIROZ BALSARA Vs. GAUTAM RAJAN KAPOOR

JUDGEMENT

(1.) THESE three matters arise out of the Judgment and Order dated 02nd December, 2002 passed by the learned Metropolitan Magistrate, 8th Court, Esplanade, Mumbai in Case No.481/P/2000.

(2.) IN the aforesaid case the first Respondent (Gautam Rajan Kapoor) in Criminal Revision Application No.90 of 2001 was the accused. The allegation against the first Respondent is that in the night between 27th October, 1999 and 28th October, 1999 he was driving Maruti Esteem Car from Coffee Parade towards Mantralaya. One Chetan Mehta was sitting by his side in his car. When his car reached near Vidhan Bhavan, he was driving the car in excessive speed. As a result, a pedestrian Phiroz Balasar (deceased husband of the Petitioner in Criminal Revision Application No.90 of 2003) was injured due to dash given by the said Maruti Esteem car. The said Phiroz succumbed to injuries sustained in the accident.

(3.) THE said order of conviction and sentence passed by the learned Magistrate was challenged by the first Respondent (Gautam Rajan Kapoor) in Criminal Revision Application No.90 of 2003 by filing an Appeal before the Sessions Court. The said Appeal has been dismissed by Judgment and Order dated 10th December, 2004. The Criminal Revision Application No.90 of 2003 has been filed by the widow of the victim praying for a direction that the Appeal preferred by the first Respondent against the order of conviction before the Sessions Court should be heard and disposed of alongwith the said Revision Application. The prayer in the Revision Application is for enhancement of sentence and fine amount. Criminal Appeal No.52 of 2004 has been preferred by the State for the enhancement of sentence. The Criminal Revision Application No.397 of 2006 is filed by the accused for challenging the order of conviction and sentence.