KISHANBHAI JINUBHAI GAVIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner Kishanbhai Jinubhai Gavit is convicted of the offence under section 279 I.P.C. as well as under section 117 of the Motor Vehicles Act, and is sentenced to imprisonment till the rising of the Court and fine of Rs. 500/- indefault R.I. for two months.

(2.) According to the case for the prosecution, the petitioner was driving a bus No. GAT 4379, proceeding from Nasik to Balsad, in the evening of 22-4-1975. The bus was approaching a bus stop near Peint Fata. Another bus had halted at the bus stop. There were two ladies by name Rajubai and Leelabai, walking by the left side of the road, interested in boarding the halted bus. In the act of the stopping of the bus No. 4379 behind the already halted bus, the accused dashed against Rajubai, as a result of which, she fell down. Although she did not suffer any visible external injury, she complained of pain in the back. A panchanama of the spot also discloses that a hawker in plaintains sitting at the bottom of a Neem tree nearby got some of his plaintains crushed under the bus. After the accident the petitioner was arrested, he was suspected of being under the influence of drink; he was sent to the Medical Officer, where a certificate given disclosed that he had his pupils dilated, gait unsteady, speech incoherent and he smelt of alcohol. Both the courts below came to the conclusion that the accused was not rash in driving the bus, however, he was negligent in his driving. He was also driving under the influence of the drink and therefore offences under section 279 I.P.C. and section 117 of the Motor Vehicle Act, were complete.

(3.) Mr. Gangal, the learned Counsel for the petitioner, now says that the conviction under section 117 M.V. Act, cannot be sustained. He relied upon a decision reported in (Bacchubhai v. The State of Maharashtra) 1971(3) S.C.C. 930. He also says that the evidence is insufficient for proving the negligence. According to him, the evidence given by Rajubai and Leelabai, cannot be accepted as wholly true.