OMPRAKASH SHAMBUCHARAN MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present Revision under Section 397 read with 401 of the Code of Criminal Procedure the petitioner has challenged the judgment and order dated 25.8.1998 passed by the learned Judicial Magistrate (First Class), 1st Court, Bharuch, in Criminal Case No.29579 of 1995 convicting the petitioner for the offences punishable under Sections 279, 337 and 304(A) of the Indian Penal Code and under Sections 177 and 184 of the Motor Vehicles Act and imposing S.I. for a period of 6 months and fine of Rs.6,500. Against the said judgment and order the petitioner preferred Criminal Appeal No.34 of 1998 before the learned Additional Sessions Judge. The learned Sessions Judge dismissed the Appeal by judgment and order dated 25.8.2001 confirming the judgment and order dated 25.8.1998 passed by the learned Judicial Magistrate (First Class), 1st Court, Bharuch, in Criminal Case No.29579 of 1995.

(2.) CASE of the prosecution in brief is that the petitioner was driving vehicle tempo bearing no. GQB 6563 in excessive speed and in negligent manner, as a consequence thereof, the tempo had turned turtle and the passengers sitting therein had sustained injuries whereas one of the passengers had died. Pursuant thereto, offence was registered against the petitioner.

(3.) IN order to bring home the charges against the accused person, prosecution has examined several witnesses and also produced documentary evidence.