JUDGMENT - SAHAI VISHNU, J.:---Two persons viz. Vasant Khanderao Bade and Mehmud Mohammed Chabukswar were tried for offence punishable under section 304, Part II read with sections 34, 279 read with sections 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 :

(i) Under section 304-A, Indian Penal Code to R.I. for 2 years and to pay a fine of Rs. 50/- in default to undergo 7 days R.I.

(ii) Under section 279, I.P.C. to 6 months R.I. and to pay a fine of Rs. 50/- in default to undergo 7 days R.I.

The substantive sentences were directed to run concurrently.

Criminal Appeal No. 892 of 1984 has been filed by Mehmud Mohammed Chabukswar against his aforesaid convictions and sentences.

Criminal Appeal No. 513 of 1985 has been preferred by the State of Maharashtra against the acquittal of Vasant Khanderao Bade for the offences, referred to above.

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