Cri Revn Appln 111-2022.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

CRIMINAL REVISION

APPLICATION

NO.

111

OF 20

22

Wasimoddin S/o Minazoddin

Age about 44 years, Occ : Labour,

R/o Khadakpura, Murtijapur,

Tq. Murtijapur, Distt. Akola

…. APPLICANT

// VERSUS //

State of Maharashtra,

Through DGP Akola

Tq & Dist. Akola

…. RESPONDENT

----------------------------------------------------------------------------------------------

Shri Mir Nagman Ali, Advocate for applicant

Shri I.J. Damle, A.P.P. for respondent

----------------------------------------------------------------------------------------------

CORAM : SMT. M.S. JAWALKAR, J.

DATE OF RESERVING THE JUDGMENT : 23/09/

2022.

DATE OF PRONOUNCING THE JUDGMENT : 21/10/

2022.

JUDGMENT:

Heard learned Counsel for the applicant and learned

Additional Public Prosecutor for the respondent finally at the stage

of admission by consent of parties.

2.

The present revision is filed by the convicted accused

challenging the judgment and order dated 26/04/2022, passed by

Cri Revn Appln 111-2022.odt

2

learned Additional Sessions Judge, Akola in Criminal Appeal No.

02/2019, dismissing his appeal and confirming the judgment and

order dated 11/12/2018, passed by learned Judicial Magistrate

First Class, Akola, in Sum. Criminal Case No. 2156/2011.

3.

The applicant-accused is convicted for the offence under

Section 279 and 304-A of the Indian Penal Code, read with Section

184 of the Motor Vehicles Act, 1988. He is convicted under Section

279 of the Indian Penal Code and sentenced to suffer imprisonment

for three months and to pay fine of Rs.1000/-, in default of payment

of fine amount to suffer rigorous imprisonment for one week, for the

offence punishable under Section 304-A of the Indian Penal Code, he

is sentenced to suffer rigorous imprisonment of six months and fine

of Rs.20,000/- in default of payment of fine amount to suffer

rigorous imprisonment for one month and also convicted under

section 184 of the Motor Vehicle Act and to pay fine of Rs.1000/-, in

default of payment of fine amount to suffer simple imprisonment for

one week.

4.

The brief facts for filing to the present Revision is as

under :

Cri Revn Appln 111-2022.odt

3

On 14/05/2011 while the informant, the victim

Manepalli Giri and few others were inspecting a dam site near

Kanshivani road and the victim Manepalli Giri was crossing the road,

the applicant dashed his auto rickshaw against Mr. Manepalli Giri.

The auto rickshaw was driven at such a high speed that Mr.

Manepalli Giri sustained severe injuries and died before he could be

carried to the Hospital.

5.

The report was lodged with the Police Station Boargaon-

Manju, Akola vide Crime No. 56/2011 on 14/05/2011, under

Sections 279 and 304 – A of the Indian Penal Code and Section 184

of the Motor Vehicle Act. The police started investigation, prepared

spot panchanama and recorded statements of concerned witness.

Upon completion of investigation, filed charge-sheet in the Court of

Judicial Magistrate First Class, Akola.

6.

The charges were framed against the accused under

Sections 279 and 304 of the Indian Penal Code and trial proceeded

further.

7.

Prosecution examined witnesses to prove it’s case and

close it’s side. The statement of accused was recorded under Section

Cri Revn Appln 111-2022.odt

4

313 to which he pleaded about false implications. The learned

Judicial Magistrate First Class negated the defence and convicted the

accused for the offences punishable under Sections 279 and 304 A of

the Indian Penal code r/w Section 184 of the Motor Vehicles Act.

8.

The Accused preferred Criminal Appeal bearing No.

02/2019 before the learned Additional Sessions Judge, Akola who

dismissed the appeal of applicant/accused. Thus, aggrieved by the

above judgment of dismissal of his appeal moved prese