TATYARAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the Applicant and learned A.P.P. for Respondent, finally at the admission stage.

(2.) This Revision has been filed against the conviction and sentence for offence punishable under Section 279, 337 of the Indian Penal Code, 1860 (for short "I.P.C."). The Judicial Magistrate, First Class (Court No.8), Aurangabad in S.C.C. No.3625 of 2001, convicted the present Applicant under Section 279 of I.P.C. and sentenced to suffer simple imprisonment for six months and for offence under Section 337 of I.P.C. also to suffer simple imprisonment for six months. The sentences were directed to run concurrently. The accused/Applicant was also directed to pay compensation of Rs.15,000/ (Rupees Fifteen Thousand only) to injured complainant, Dr. Babu Nathaji More. In Criminal Appeal No.95 of 2009 the Additional Sessions Judge2, Aurangabad partly allowed the Appeal. Conviction of Applicant was maintained and direction regarding imprisonment was modified so as to suffer simple imprisonment for two months under Section 279 of I.P.C. and simple imprisonment for two months under Section 337 of I.P.C. Remaining order of the trial Court was maintained.

(3.) In nutshell, the case of the prosecution is that on 8th September, 2001 at about 7.30 p.m. the incident took place on Beed road, going towards Aurangabad. The incident occurred near Nipani Shivar near land of one Chaudhari. One Dilip Bhausaheb Bankar gave intimation to police that a Jeep registration No.MH20U1817 had dashed against a Tractor which was stationed in the middle of the road, which Tractor had a puncture. After the Jeep, one Dr. More also dashed against the Tractor who was proceeding on his Motorcycle and thus A.C. No.44 of 2001 came to be registered. Dr. Babu Nathaji More, on next day, filed First Information Report alleging that he was proceeding by his Motorcycle bearing registration No. MH20G1460 and when he reached near Nipani, due to head light of another vehicle coming from the opposite direction, he could not see anything and his vehicle dashed with Tractor which was stationed in the middle of the road. It was alleged that the Tractor had neither indicator nor reflector nor tail lamp and no indication was given that the vehicle was stationed there. Complainant alleged that he also saw another vehicle Tata CR had dashed against the said Tractor. Complainant suffered injuries. It was also alleged that the said Tractor was bearing registration No.MH20V7423, and had a Trolley bearing registration No.MH20V8443 and even the Trolley had no reflector or indicator and Tractor was stationed in the centre of the road.