HIGH COURT OF BOMBAY
MILIND N. JADHAV, J
SHIVAJI DAMODAR KARNE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
1. Heard Ms. Deshmukh, learned Advocate for Applicant and Mr. Mali, learned APP for State.
2. This Criminal Revision Application (for short “CRA”) takes exception to the twin judgments dated 28.02.2001 passed by the learned 28th Esplanade Court, Mumbai in CC No.40/P/98 and dated 18.06.2002 passed by the Additional Sessions Judge, Mumbai in Criminal Appeal No.102 of 2001. Crime is registered under Section 279 and 304-A of the Indian Penal Code , 1860 (for short “ IPC ”) against the Applicant. Applicant is a bus driver in the BEST. First Informant is a traffic police constable who lodged the complaint. Applicant is convicted and sentenced to suffer simple imprisonment of three months and to pay fine of Rs.1,000/- and in default to suffer simple imprisonment for one month.
3. As per order dated 17.07.2019 passed by this Court, Legal Aid Committee appointed Advocate Ms. Chitrali Deshmukh to represent and espouse the cause of the Applicant.
4. Briefly stated, as per prosecution’s case, on 02.12.1997 at about 6:45 p.m. BEST bus on Route No.66 was on its way from Chira Bazaar to Crawford market. It was driven by Applicant. The bus took left turn at the junction of JSS Road at Shamal
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