2] Brief facts are that the applicant was at the relevant time working as a driver on Tanker No. MH-12/7993. The said tanker met with an accident on 11th September, 1995,when the applicant was driving the said tanker and was proceeding from Pune City towards Hadapsar. In the accident the tanker dashed with a M-80 bike, resulting into the death of one Kusum Kharat. According to the applicant the M-80 Motor bike which was being driven by Hemant Kharat, P. W.3, suddenly applied emergency break and in the said attempt Kusum Kharat-the mother of Hemant, who was a pillion rider on the bike fell down, suffered head injury and succumbed to the same. The accident occurred near Ram Tekdi Bus stop.

3] The applicant was tried before the learned Judicial Magistrate First Class, at Pune in Criminal Case No.2833 of 1995. The learned Magistrate by her judgment and order dated 2nd June, 2001 found the applicant guilty of the offences punishable under Sections 279, 304-A of I.P.C. and for offence punishable under Sections 119 r/w 177 of the Motor Vehicles Act (for short “M.V Act.). The learned Magistrate sentenced the applicant on various counts.

4] The applicant feeling aggrieved, challenged the same