(1.) THIS revision petition is directed against judgment rendered by learned 5th Additional Sessions Judge, Beed, in Criminal Appeal No. 45/1997, whereby and whereunder judgment of conviction and sentence rendered by learned Judicial Magistrate (F. C.), Majalgaon, in S. C. C. No. 687/1993 for offence punishable under section 304-A of the I. P. Code came to be confirmed.
(2.) THE revision petitioner was prosecuted for offences punishable under section 304-A, 279 and 337 of the I. P. Code. The learned Magistrate held him guilty for offence under section 304 (A) and 279 of the I. P. Code. He was sentenced on both the counts. He was acquitted of the offence punishable under section 337 of the I. P. Code. He preferred an appeal (Cri. Appeal No. 45/1997 ). The learned Sessions Judge partly allowed the appeal and set aside the order of conviction and sentence for offence punishable under section 279 of the I. P. Code. Still, however, the Appellate Court maintained the order of conviction and sentence for offence punishable under section 304-A of the I. P. Code and also the order directing payment of compensation to the legal heirs of the deceased.
(3.) BACKGROUND facts leading to the prosecution may be stated as below: on 7th June, 1993, deceased Dattu Thorat and his brother (PW Ganpati) alongwith a servant (PW Udhav) had gone to a Saw Mill at Dindrud. They gave some wooden stumps of trees to obtain properly cut wooden logs and planks. While deceased Dattu and PW Udhav were engaged in loading the wooden logs and planks in their bullock-cart, which was parked in front of the Saw Mill, the petitioner allegedly drove a tempo vehicle bearing registration No. MCC-662 in reverse direction. The deceased was standing in front of the bullock-cart with his back towards the Saw Mill. The deceased received the severe dash of the tempo vehicle from backside and was pressed against the yoke of the bullock-cart. He was severely injured and subsequently, breathed his last. Brother of deceased Dattu lodged F. I. R. at Dindrud Police Station. Consequent upon certain investigation, the petitioner was chargesheeted for the offences as stated above.