MADHUKAR BHAUSAHEB MHASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner came to be convicted by Chief judicial Magistrate, Ahmednagar of the offence punishable under sections 279, 337 and 304-A of the Indian Penal Code. The petitioner is sentenced to suffer simple imprisonment for one month and to pay fine of Rs. 500/-, in default, to suffer simple imprisonment for fifteen days for commission of offence punishable under sections 279 and 337 of the Indian Penal Code and he is further sentenced to suffer S. I. for three months and is directed to pay a fine of Rs. l,000/-, in default, to suffer S. I. for one month for commission of offence punishable under section 304-A of the Indian Penal Code.

(2.) The matter was carried in appeal. Criminal Appeal No. 116/1992 came to be dismissed by order dated 22-7-1998 by learned Sessions Judge, upholding the order of conviction and sentence passed by the trial Court. These two orders are impugned in the present petition.

(3.) The facts, in nutshell, are that : Aasaram Ghodke (PW-1) was serving with Khandelwal family. On 30-11-1987, at about 8 O'clock in the morning, as usual, Aasaram was taking Sumit, son of Shri Khandelwal to Sports Meet organized by the school. After reaching the school, Aasaram came to know that the venue is shifted to the church school. He, therefore, turned back and had descended the bridge near Collector's office on the station road. While he was going by the left side, a truck bearing registration No. MTD-4581, driven by the petitioner in a high speed, gave a dash to his cycle. As a result, Asaram and sumit fell down. Wheel of the truck passed over the legs of Sumit. The truck had cri. Rev. Appln. No. 207 of 1998 decided on 18-4-2006. (Aurangabad) to travel for a considerable distance before coming to halt. The injured were then taken to the hospital. After eight days, Sumit succumbed to the injuries. A complaint in respect of the occurrence came to be lodged by (PW-5) David baburao Chavan. The matter was investigated and the petitioner came to be charge-sheeted.