LAXMAN DADASAHEB MULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this revision petition, the petitioner impugns the judgment rendered by the learned Sessions Judge in Criminal Appeal No.97 of 1992 whereby and whereunder order of conviction and sentence rendered by the learned Judicial Magistrate (F.C.), Ahmednagar, in a criminal case (S.T.C. No.271 of 1990) came to be confirmed. The petitioner was convicted for offence punishable under Section 279 of the I. P. Code and also under Section 338 of the I.P.Code. On each count, he was sentenced to suffer simple imprisonment for two months and to pay fine of Rs.300/-, each in default to suffer simple imprisonment for one month.

(2.) It is not necessary to elaborately set out the facts. Suffice it to say that on 10.04.1990 injured P.W. Mangalabai was standing in front of grocery shop situated at Manmad-Ahmednagar road. She was knocked down by a motorcycle at about 7.15 p.m. She was dragged to a short distance. The motorcyclist did not stop the vehicle. The motorcyclist immediately fled away on the same motorcycle. The registration number was, however, noted down by some public members who were in the proximity of the place of incident. Injured P.W. Mangalabai was rushed to Civil Hospital. She was found to have sustained injuries to her leg. Consequent upon enquiry by the Police Officer, it was revealed that the motorcycle was registered in the name of elder brother of the petitioner and was being used by the petitioner to whom it was given at the relevant time. So, F.I.R. was lodged against him by H.C. Sharma. Consequent upon the material gathered during the course of investigation he was charge-sheeted for offence under Section 279, 337 and 338 of the Indian Penal Code.

(3.) The defence of the petitioner was that of total denial.