( 1 ) THE appellant, who was original accused in Sessions Case No. 17/1995 in the Court of Ld. Addl. Sessions Judge, Kheda at Nadiad, was charged of committing offences made punishable under sec. 304 Part-II, 324, 435 and 285 of IPC. He was, ultimately, found guilty of committing those offences and ld. Judge by judgment and order of conviction and sentence passed on 11. 1. 1999 convicted him for these offences and imposed various sentences. For offence under sec. 304 Part-II, he has been awarded S/i for 3 years and fine of Rs. 250/-, for offence under sec. 324 of IPC, S/i for 2 years and fine of Rs. 200/-, for offence under sec. 435 of IPC, S/i for 1 year and fine of Rs. 150/- and for offence under sec. 285 S/i for 3 months and fine of Rs. 100/-, in default, R/i for one month.

( 2 ) THE case of the prosecution is that at the relevant time, the appellant was attached to Bhadaran Police Station and was discharging the duty as Writer Constable. On 6. 7. 1993, around 5. 30p. m. , one tanker containing highly inflammable substance namely Neptha turned turtle on the highway between Bhadaran- Gambhira near cemetery of Bhadaran. The tanker was bearing registration No. GJ-12/5549. As a resu

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