JUDGMENT :

Vibha Kankanwadi, J.

Present appeal has been filed by the original accused, challenging his conviction in Sessions Case No. 14 of 2011 recorded by the Additional Sessions Judge, Nandurbar, on 28.04.2016, after holding him guilty of the offence punishable under Section 302 of the Indian Penal Code.

2. The prosecution has come with a case, that informant P.S.I. Latif Tadvi was attached to Highway Security Unit, Visarwadi, Taluka Navapur, District Nandurbar. He along with other police persons were present for regulating traffic on highway of Dhule to Surat near Kondaibari Ghat at about 08.00 a.m. on 07.12.2010. He received an information at about 09.45 a.m., when he along with his staff was in government vehicle, that there was traffic jam in the Ghat section. Therefore, they went there and cleared the traffic. Thereafter, they were coming towards Navapur and halted near Highway Tab Police Chowki around 10.30 a.m. They found that container truck bearing No. GJ-23/U-3703 coming from Sakri by cutting lane in the Ghat section i.e. by overtaking other trucks in high speed. They also found that the driver of the container had not put safety belt. He had also not put his Khaki uniform. Therefore, Police Constable Allauddin Kamroddin Kazi stopped on highway at a distance of about 150 feet west of the Chowki and gave indication of stop to the said container with an intention to check his documents. However, driver of the truck took the vehicle in very high speed so that police person should not stop him and also to deter the police person, the container driver side gave dash to Allauddin and then the right wheel ran over the head of Allauddin. Allauddin sustained severe injuries. The vehicle did not stop at that place but went ahead.

Thereafter, the police party chased the container by government vehicle. The truck was stopped near Essar petrol pump at a distance of about 10 Kms.

The truck driver was escaping from the field but he was caught hold by chasing. Upon enquiry, the driver gave his name as Gulabsing Sureshsing Sisodiya i.e. the present appellant. He was taken in custody and all the police party went to spot where they found that the brain matter of Allauddin had came out of the head and he had expired. Thereafter, P.S.I. Latif Tadvi lodged first information report against the accused. On the basis of his FIR, offence vide C.R. No. 188/2010 came to be registered and further investigation was taken up.

3. During the course of investigation, inquest panchanama was prepared on the same day and thereafter dead body was sent for post mortem. Statements of witnesses were recorded. Panchanama of the spot was carried out immediately on the same day of the incident. The vehicle was got examined through R.T.O. The post mortem report was collected. The clothes on the person of the deceased were seized under panchanama. After completion of the investigation, charge-sheet was filed for offences punishable under Sections 304, 333 of the Indian Penal Code and Sections 134(b), 125, 119, 132, 21(18), punishable under Section 177 of the Motor Vehicles Act.

4. After committal of the case, learned Additional Sessions Judge framed charge for the offence punishable under Section 302 of the Indian Penal Code. Contents of the charge were read over and explained to the accused in verna-cular. He pleaded not guilty. Trial has been conducted. The prosecution has examined, in all, five witnesses in order to bring home the guilt of the accused.

After considering the evidence on record and hearing both sides, the learned Additional Sessions Judge, Nandurbar, has held the accused guilty of the offence punishable under Section 302 of the IPC and he has been sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/-, in default of payment of fine, to undergo rigorous imprisonment for six months.

5. Heard learned Advocate Mr. R.S. Shinde appearing for the appellant and learned Additional Public Prosecutor Mr. A.A. Jagatkar for the respon