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2003 Supreme(Guj) 206

D.P.BUCH
BHAVANISINH VAGHUBHA ZALA – Appellant
Versus
STATE – Respondent


Advocates Appeared: Nandini Joshi, SAURIN A.SHAH

D. P. BUCH, J.

( 1 ) THIS Criminal Revision Application is filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 [for short "code"], in order to challenge the judgment and conviction order dated 13. 10. 1993, rendered by the learned Sessions Judge, Bhavnagar in Criminal Appeal No. 32 of 1989, who dismissed the same and confirmed the judgment and conviction order dated 26. 07. 1989 passed by the learned Judicial Magistrate, First Class, Sihor, in Criminal Case No. 101 of 1988. By the aforesaid judgment, the learned Magistrate of the trial Court has convicted the present petitioner for the offences punishable under Sections 279, 337, 304-A of I. P. C. and under Sections 112, 116, 118 and 85 of the Motor Vehicles Act, 1939 and sentenced the petitioner to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000-00 and in default of payment, the petitioner was required to suffer further simple imprisonment for one month.

( 2 ) THE facts of the prosecution case before the trial Court may be briefly stated as follows :- 2. 1 on 26. 01. 1988, the petitioner was driving a mini truck (Matador i. e. a goods vehicle) bearing Registration No. GTS 8783








































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