Sonia Gokani, J.

1. Learned Chief Judicial Magistrate, First Class, Petlad in Criminal Case No. 2313 of 1991 awarded conviction and sentenced the petitioner-accused for the offence punishable under Section 304 (A) IPC for a period of six months; and for the offence punishable under Section 279 IPC and Section 184 of the Motor Vehicle Act, 1988 he was ordered to suffer simple imprisonment for a period of one year; and for the offence under Section 338 IPC, simple imprisonment for two months. They all are to run concurrently. This came to be confirmed by the learned Extra Assistant Sessions Judge, Nadiad vide Order dated 23rd July 2004 in Criminal Appeal No. 8 of 1998.

2. Brief facts are as follow :

2.1. On 23rd June 1991, when the applicant was driving a Tempo bearing registration No. GUG 7906 at around 18:45 hours on Sojitra Gansol Road, he lost control on the vehicle and as a result of which the vehicle turned turtled and fell into a ditch resulting into serious injuries to seven home-guard personnels and twenty-one others with minor injuries. One of the home-guard personnels sitting in the said vehicle namely Ramanbhai Gordhanbhai Parmar lost his life due to injuries susta