STATE OF MAHARASHTRA Vs. JEETENDRAKUMAR VIJAYPRATAP YADAV

JUDGEMENT

(1.) THIS is an appeal preferred by the State for enhancement of sentence awarded to the accused/respondent by J. M. F. C. , Vashi, Navi Mumbai in Summary Criminal Case No. 704 of 2000.

(2.) TO state in brief, P. W. 1 Dr. Dinesh B. Lamba and his fiancee Sheetal Kochar, who was also medical practitioner, were to be married on 19-2-2000. They had been to C. B. D. on a scooter to see the dispensary where they proposed to work after marriage. Thereafter, they were returning on the scooter. Dr. Dinesh was driving it and Sheetal was the pillion seat. At about 6. 15 p. m. scooter was stopped at Uran Phata signal. They were proceeding from the side of Panvel towards Sion. When the scooter was standing at the signal, a tanker no. MH-04 AL-1699 came from behind, i. e. Panvel side in high speed and it gave dash to the scooter, due to which Dr. Dinesh and Dr. Sheetal both fell down. She was run over under the right side front wheel of the tanker. She suffered serious injuries. Immediately she was taken to the hospital, where she was declared dead. Dr. Dinesh also suffered grievous hurts. After investigation, the respondent, who was driver of the said tanker was prosecuted for the offences punishable under Sections 304a, 279, 337 of the I. P. C. and under Section 184 of the Motor Vehicle Act. After trial, the learned trial Court held him guilty for the offences punishable under Sections 304a, 279 of the I. P. C. as well as under Section 184 of the Motor Vehicle Act. Accused was sentenced to undergo S. I. for one year and to pay fine of Rs. 2,000/- for the offences punishable under Section 304a. He was also sentenced to undergo S. I. for six months for the offence punishable under Section 279 of the I. P. C. and for the offence punishable under Section 184 of the Motor Vehicle Act, he was sentenced to pay fine of Rs. 1,000/- and in default to undergo S. I. for one month.

(3.) BEING not satisfied with the sentence awarded by the trial Court, the State has preferred this appeal for enhancement of sentence.