MEHMUD MOHAMMAD CHABUKSWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TWO persons viz. Vasant khanderao Bade and Mehmud Mohammed Chabukswar were tried for offences punishable under sections 304, part II read with section 34, 279 read with section 34, 337 read with section 34, Indian Penal code, Section 89 read with section 112 and section 116 of the Motor Vehicles Act, by the IVth additional Sessions Judge, Thane, in Sessions case no. 323 of 1982. Vide judgment and order dated 21-9-1984, the learned Judge, acquitted Vasant khanderao Bade, but convicted and sentenced Mehmud mohammed Chabukswar in the manner stated hereinafter :

(2.) IN short the prosecution case runs as under Appellant Mehmud Mohammed Chabukswar and acquitted accused Vasant Khanderao Bade were working as driver and conductor respectively in maharashtra Road Transport Corporation, on 4-8-1980. At about 6. 45 a. m. that day, they took a bus from Dahanu to Bordi. The said bus was being driven by the appellant and acquitted accused was its conductor. At about 9. 45 a. m. it reached gholwad where constable Eknath Choudhari P. W. 1 and head constable M. K. Gaikwad, along with accused Ramu Raza Khurada boarded it. There were about 10 to 12 passengers in the bus. The bus used to stop on every bus stop and some passengers used to alight from it and some board it. At about 10. 30 a. m. it came near Kankradi Nala bridge. At that time there were 30 passengers in it. Appellant Mehmud Mohammed Chabukswar who was driving the bus stopped the same. At that time flood water was passing over the bridge and the danger signs on the bridge were under water. There was water up to the level of five feet over the bridge. One Irani (not examined) came on a motor cycle from Masoli side and told the appellant not to take the bus from the bridge as there was lot of water over the bridge. He further told him that the passengers sitting in the bus be advised to proceed via the railway bridge. The appellant did not listen to the advice of Irani, started the bus and took turn towards the bridge. Thereafter the acquitted accused Vasant Khanderao Bade rang the bell twice which was a signal to start the bus. The bus came under water near the bridge. At that time the road was not visible. Consequently Eknath choudhari along with the accused Ramu Raza Khurada opened the exit door of the bus, jumped inside the water and came on the road. The bus went ahead for about 5 to 10 feet and thereafter fell in the Nala on account of the impact of the flood water. The passengers, excepting five, who came out from the emergency door of the bus also fell down in the nala. Twenty three of them died.

(3.) THE FIR of the incident was lodged by dattatraya Ramkrishna Rao, P. W. 7, deputy superintendent of Police, some times after 11 a. m. , the same day at Dahanu Police Station.