V. K. Jadhav, J. - (1.) The applicant/accused has preferred this Criminal Revision Application against the judgment and order of conviction passed by the Judicial Magistrate, First Class, Beed dated 05.08.2002 in S.C.C. No. 2354 of 1998 convicting thereby the applicant/accused for the offence punishable under Sections 279, 337 and Section 353 of the Indian Penal Code and sentencing him to suffer S.I. for three months and to pay a fine of Rs.300/-, under Section 279 to suffer S.I. for three months and to pay a fine of Rs.300/-, Section 337 to suffer S.I. for one month and to pay a fine of Rs.500/- and under Section 353 of the Indian Penal Code also confirmed by the learned Additional Sessions Judge, Beed by order dated 29.03.2005 in Criminal Appeal No. 26 of 2002.
(2.) The prosecution case is brief as under: (I) On 09.09.1998 at about 1.40 p.m. PW Police Constable, namely, Parmeshwar Vitthalrao Ubale, PSI Patil and along with other staff members was on patrolling duty in Police Jeep on Pimpalner to Ghatsavali Road. At that time, one Jeep bearing Registration No.MH-23-B-1252 came from Wadvani side. In the said Jeep, many persons were traveling as passengers. PW Constable Ubale came on road in order to stop the said Jeep and also given signal to the driver of the Jeep to stop it. The driver of the said Jeep has tried to put Jeep on the person of Police Constable Ubale but thereafter, anyhow he stopped the vehicle. The passengers of the Jeep got down from the vehicle. PW Constable Ubale was preparing the list of passengers while sitting in the Jeep itself. At that time, suddenly the driver of the Jeep started his Jeep and proceeded further in a fast speed towards Beed road. PW Constable Ubale has requested the driver of the Jeep (the present applicant/accused herein) to stop but the applicant/accused did not listen and continued to proceed further. At the same time, PSI Patil along with other members started chasing in a Police Jeep. The applicant/accused took his Jeep towards Jarud Phata and from there he was proceeding towards Bhavanwadi and thereafter again took the Jeep towards Jarud Phata. The police Jeep, all the while, was chasing the Jeep of the applicant/accused. Thus, PW Police Constable Ubale when noticed that, the applicant/accused was not in a mood to stop his Jeep, in order to stop the Jeep tried to take out the keys from ignition of the Jeep. Obviously, the applicant/accused resisted the said attempt and in that process, the Jeep fell down on the road side ditch. PW Constable Ubale and the applicant/accused sustained injuries on their persons in the said accident. (II) On the basis of the complaint lodged by PW Police Constable Ubale Crime No. 91/1998 came to be registered in the concerned Police Station for the offence punishable under Sections 279, 337 and 353 of the Indian Penal Code and Sections 66(1)/192-A, 123/177, 130/177 of the Motor Vehicles Act. After due investigation, the Investigating Officer has submitted the charge sheet before the Court. The learned Magistrate has recorded the plea of the applicant/accused, the applicant/accused has pleaded not guilty to the charge and claimed to be tried. It is the defence of the applicant/accused that, PW Constable Ubale demanded the Jeep for his personal use and since the applicant/accused denied for the same, he has been involved falsely in the case.
(3.) In order to substantiate the charges leveled against the applicant/accused the prosecution has examined three witnesses. After recording statement of that applicant/accused under Section 313 of the Code of Criminal Procedure and after hearing both the sides, the learned Judicial Magistrate, First Class, Beed, by order dated 05.08.2002 in SCC No.2354/1998, has convicted the applicant/accused for the offence punishable under Sections 279, 337 and Section 353 of the Indian Penal Code as detailed above. The said order came to be confirmed by the Additional Sessions Judge, Beed, by order dated 29.03.2005 in Criminal Appeal No. 26 of 2002.;