Judgement

SHAH, J. (with him B. P. Sinha C.J.I., K. N. Wanchoo and P.B. Gajendragadkar JJ.) On April 3, 1961 at about 2-30 a.m., a motor vehicle fell into a ditch by the side of a highway near Edlabad, District Jalgaon and all the occupants of vehicle were injured. One Mohamad Yusuf who was in that vehicle died of the injuries. The appellant was tried before the Judicial Magistrate, First Class, Bhusawal, for offences of rash and negligent driving when he was under the influence of liquor and thereby causing the death of Mohamad Yusuf and injuries to four other occupants of the motor vehicle and also for offences under the Motor Vehicles Act. The trial Magistrate held that the evidence was not sufficient to prove that the appellant was driving the motor vehicle at the time of the mishap, and acquitted the appellant of the offences under the motor Vehicles Act and also under the Indian Penal Code. But he held that the evidence established that the appellant had at the material time consumed illicit liquor and had thereby committed an offence punishable under S. 66(b) of the Bombay Prohibition Act. He accordingly convicted the appellant, and sentenced him to suffer rigorous imprisonme