DIGAMBAR BABURAO INGAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) This revision application is directed against the judgment and order dated 16th May 2000 of the IInd Additional Sessions Judge, Satara confirming the decision dated 25th February 1999 of the Judicial Magistrate, First Class, Satara convicting the revision petitioner for an offence punishable under section 279 read with 337 of the Indian Penal Code. By the impugned order, while confirming the order of conviction the learned Sessions Judge modified the sentence of 3 months simple imprisonment and fine of Rs.500/- to fine of Rs.1000/- only.

(3.) The revision petitioner is a bus driver employed by the Maharashtra State Road Transport (for short "the S.T."). On 22nd January 1998, the petitioner was driving a S.T. bus bearing registration No.MH-02-FA/1940 from Pune to Radhanagari. At about 7.15 p.m., the bus reached the accident spot near Kanher Dam in village Varye. The S.T. bus overtook a truck which was ahead of it and then collided with an auto rickshaw coming from the opposite side injuring the driver of the auto rickshaw. Spot panchanama (Exhibit-12) was prepared and the offence was registered against the petitioner of rash and negligent driving. Prosecution examined 7 witnesses including the rickshaw driver who was injured, and an eye witness. The petitioner did not examine himself as a witness nor did he examine any other witness. After considering the evidence adduced, the learned Judicial Magistrate came to the conclusion that the petitioner was driving the S.T. bus rashly and negligently and by such rash and negligent driving, he gave a dash to the rickshaw coming from the opposite direction injuring the rickshaw driver. The trial court accordingly convicted the petitioner for an offence punishable under sections 279 and 337 of the I.P.C. and sentenced him to suffer simple imprisonment for 3 months and to pay a fine of Rs.500/- and in default to suffer simple imprisonment for one month. Aggrieved by the judgment and order of the learned Magistrate, the petitioner filed an appeal before the Sessions Court, Satara. The learned Additional Sessions Judge by his order dated 16th May 2000 confirmed the order of conviction of the petitioner. However, he modified the sentence by setting aside the order of simple imprisonment and sentenced the petitioner to pay a fine of Rs.1000/-. That order is impugned in this revision.