ANWAR ALTAF HUSAN KAZI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Conviction has been recorded against the appellant for the offences under sections 279 and 304-A of the India Penal Code and he is sentenced to suffer rigorous imprisonment for four months on each count and to pay a fine of Rs. 1000/- for each offence. Conviction is also recorded against him under section 89 (a) and (b) of the Motor Vehicles Act and for each offence he is sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs. 300/- on each count. All the substantive sentences are to run concurrently. This order passed by the Addl. Chief Metropolitan Magistrate, 40th Court, Girgaum, Bombay was passed on 29-11-1982. Criminal Appeal No. 321 of 1982 against the said conviction filed in the Sessions Court was dismissed by the judgment dated 18-9-1984 and hence this revision.

(2.) Shri A.R. Jadhav, Advocate appears for the appellant accused while the State is represented by Shri Kothari, learned Public Prosecutor. After hearing the learned Counsel for both the parties, I have gone through the entire evidence on record and the two orders of both the Courts below.

(3.) According to the prosecution, the appellant was driving taxi bearing No. MRK 7204 on 23-6-1980 in the morning at about 7.20 a.m. on S.V.P. Road, Bombay. It is further the allegation that the appellant was driving the taxi at a fast speed and knocked down a pedestrian by name Ashok Rokade and without helping he sped away from the spot. It is further the case of the prosecution that one Nathubhai Gandhi was passing along that road and he is the sole eye-witness to the incident. He also noted the number of the taxi which was speeding away. He rushed to the help of injured person Ashok Rokade and carried him to the J.J. Hospital for treatment. The said Gandhi also narrated the incident to Police Constable Dattaram who was attending emergency duty at J.J. Hospital.