RAJARAM TUKARAM SURYAVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this revision, the petitioner has impugned the Judgment and order dated 18-1-1992, passed by the Sessions Judge, Satara in Criminal appeal no. 120/1989, maintaining the Judgment and Order dated 13-10-1989, passed by the JMFC, Patan, in summary Case No.510/1988, whereby he convicted him for an offence under section 337 IPC and sentenced him to pay a fine of Rs.400/- in default to undergo RI for one month.

(2.) I have perused the impugned Judgments. I find that the conviction of the petitioner is based on appraisement of evidence by the Courts below. The courts below believed the evidence of Dwarkabai Bhise who stated that when on 4-8-1988, at about 5.30 p.m. she boarded the S.T. bus bearing No.MTD-8972 bound for Mendoshi, Taluka Patan, at the ST bus-stand of Patan, the petitioner who was the conductor in the said bus, sounded the bell without closing the door of the bus, resulting in the driver driving the bus and in her being thrown out from the same. I have gone through the evidence of Dwarkabai Bhise and I find that it is a safe and sound basis for sustaining the conviction of the petitioner. In view of the provisions contained in section 134 of the Indian Evidence Act, it is perfectly permissible to convict on the testimony of a solitary witness. Her evidence is corroborated by the injuries which she received. In the instant case, it should be borne in mind that the petitioner admitted that he was driving the bus in the question and Dwarkabai Bhise was thrown out therefrom and sustained injuries. I find no perversity on the part of the courts below in the appraisement of evidence of Dwarkabai Bhise. I also do not find any illegality in the impugned order. In my view, the evidence on record squarely makes out an offence under section 337 IPC against the petitioner.

(3.) In the result, this revision is dismissed. Rule stands discharged. In case the petitioner has not paid the fine he may do so within a period of three months from today failing which he would undergo the sentence in its default.