1. Present appeal has been filed under Section 374 of Cr. P. C. by original accused No. 1 challenging his conviction in Sessions Case No. 203 of 2010 by 7th Additional Sessions Judge, at Aurangabad dated 24.8.2016 for the offence punishable under Sections 279, 304 part II, 304A, 337, 338 and 427 of I.P.C. and under Sections 66 punishable under Section 192A of the Motor Vehicles Act.

2. PSI Laxman Gangaram Kale was serving with Phulambri Police Station, Dist. Aurangabad. A Motor Accident Case No. 8 of 2010 was registered with his Police Station around 1 PM of 21.2.2010 and it was given to PSI Kale for enquiry. As per the information that was received in respect of the accident that there was an accident between the truck bearing No. MH 04 CU 5130 and pick up van No. MH20 AT 3069. One Devidas Dhangare had given telephonic information regarding the said accident. PSI Kale and his team went to the spot and found that one pick up van of white colour was standing facing Aurangabad in a damaged condition. Certain persons were found in injured condition near the said pick up van. Certain persons were inside the pick up van. The truck was standing near a tree on the bandh of Dhangare which was by the side of the road. The said accident had occurred at PhulambriAurangabad Road. Ambulance was called and the injured persons were sent to Civil Hospital, Aurangabad. In all 31 persons were sent who had sustained injuries in the said accident. While under going treatment 8 persons expired. PSI Kale and his team executed the panchnama of the spot. Thereafter, inquest panchnama of the dead bodies of the persons who died due to the accidental injuries was carried out. Thereafter, the dead bodies were sent for post mortem. During the enquiry, it was found by him that the accident had taken place at about 12.45 PM. Many persons than the capacity of the pick up van were occupying and pick up van was over taking the vehicle in front of his vehicle negligently and rashly by ignoring the fact that a truck was coming from opposite direction. Due to the negligence on the part of pick up van driver, the pick up van gave dash to the truck. So also, it is stated that the truck driver also in order to not to give space for over taking to the pick up van gave dash to the pick up van at the back side and therefore, he lodged a report against both the drivers. On the basis of his report, the offence vide C.R. No. 21/2010 came to be registered and investigation was under taken.

3. During the course of the investigation, statements of witnesses were recorded. Accused persons came to be arrested. The vehicles came to be seized and checked through R. T. O. Officer, post mortem notes of the 8 persons, who expired in the accident as well as medical certificates of the injured persons were collected. After the completion of the investigation, the charge-sheet filed before J.M.F.C., Phulambri. The learned J.M.F.C. Phulambri thereafter committed the case to the Court of Sessions.

4. After both the accused appeared before the learned Additional Sessions Judge, charge was framed at Exh. 40. The contents of the charge were read over and explained to the accused persons in vernacular. They pleaded not guilty. Trial has been conducted. After hearing both the sides, the learned Trial Court has acquitted the accused No. 2 and convicted accused No. 1. Accused No. 1 has been held guilty of committing offence punishable under Section 279 of I. P. C. and has been sentenced to suffer rigorous imprisonment for 6 months and to pay fine of Rs. 1,000/- and in default of payment of fine amount he shall suffer simple imprisonment for one month. Accused No. 1 has been further held guilty of offence punishable under Section 304 Part II of I.P.C. and has been sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/- and in default of payment of fine amount he shall suffer simple imprisonment for six months. Accused No. 1 has been further held guilty of of