JUDGMENT:- The petitioner has impugned order of conviction and sentence; passed against him in Summary Case No.203/ 1987 convicting him of the offence punishable under sections 279 and 427 of the Indian Penal Code and sentencing him to suffer RI for one month and to pay a fine of Rs.1,000/- on each count, in default, to suffer RI for 15 days on each count. The sentences were to run concurrently.

2. Briefly stated, the facts giving rise to the present proceeding are that on intervening night of 8th and 9th June, 1987, PW-1 Ankush was driving SRPF van bearing Registration' No.2379 on Aurangabad Nagar Road. He was going to Pune from Jalna, so as to bring newly recruited trainee officials. Bhimshankar (PW2), Mohammed Sayyad and Mohd. Abdullah, were travelling by this van. After crossing Kalewadi, the van came up to the bridge on Aurangabad road. From the opposite direction one truck was crossing the bridge. Therefore, Ankush stopped his vehicle near the bridge. While the vehicle was standing, ST Bus bearing Registration No.MWQ 6023 driven by the petitioner gave a dash to the said van from the back side. On account of the impact of the collision, the van went ahead and crashed the parape

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