DAKARAM BHOJRAJ KHOTELE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel Shri Rai for the applicant and learned Additional Public Prosecutor Shri Lokhande for the respondent no. 1. None appears for the respondent no. 2.

(2.) Present revision is against the judgment of the Judicial Magistrate First Class, Deori in Summary Criminal Case No. 2047/2008 by which the applicant came to be convicted for the offence punishable under Sections 304-A, 279 and 338 of the Indian Penal Code. The applicant is convicted for the offence punishable under Section 304-A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-. No separate sentence was passed in respect of offences punishable under Sections 279 and 338 of the Indian Penal Code.

(3.) Learned counsel Shri Rai for the applicant has submitted that there is material omission in the evidence of P.W. 1 who has stated against the applicant.