SUPREME COURT OF INDIA
DASHRATH – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
SLP(Crl) No.-011305 / 2019
24-07-2020
ITEM NO.20
Court 2 (Video Conferencing) SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.11305/2019
(Arising out of impugned final judgment and order dated 13092019
in CRAN No. 370/2004 passed by the High Court of Judicature at
Bombay at Aurangabad)
DASHRATH Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR. Respondent(s)
(IA No. 148437/2019 EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 24072020 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE SURYA KANT
For Petitioner(s)
Mr. Subodh S. Patil, AOR
For Respondent(s)
Mr. Rahul Chitnis, Adv.
Mr. Sachin Patil, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The Court is convened through Video Conferencing.
The present Special Leave Petition arises out of the judgment
dated 13.09.2019 passed by the High Court of Judicature of Bombay
at Aurangabad in Criminal Revision Application No. 370 of 2004,
whereby the High Court confirmed the conviction of the Petitioner
accused under Section 304A and 279, IPC but modified the conviction
of the accused under Sections 177 and 188, Motor Vehicles Act, to
that of under Section 187, Motor Vehicles Act. The Petitioner
accused was sentenced to rigorous imprisonment of 1 year along with
some fine amount.
Digitally signed by
DEEPAK SINGH
Date: 2020.07.30
16:01:55 IST
Reason:
Signature Not Verified
2
Petitioner’s application for exemption from surrendering was
rejected by this Court vide order dated 30.09.2019. Accordingly,
the Petitioneraccused surrendered before the Trial Court on
04.12.2019 and notice was issued by this Court vide order dated
06.01.2020.
Heard the learned counsel appearing for the petitioner and the
learned counsel appearing for the State of Maharashtra at length.
The main thrust of the argument of the counsel for the
Petitioner was that the High Court erroneously convicted the
Petitioner for the incident, even though it held that there were no
eyewitnesses to the incident itself. On the other hand, the learned
counsel for the State of Maharashtra supported the judgment of the
High Court and submitted that it warranted no interference by this
Court.
The argument of the Petitioner cannot be countenanced. As
mentioned in the High Court order, the circumstantial evidence in
the present case clearly point to the guilt of the Petitioner
accused. PW4, who was present in his S.T.D. shop near the scene of
the incident, heard the accident taking place and immediately
thereafter rushed to the spot. Though he did not actually see the
collision, however, he identified the petitioneraccused as the
driver of the car which had climbed on top of the pavement.
Moreover, PW4 had also seen the deceased trapped underneath the
said car. Further, he saw the accused alighting from the car and
then fleeing from the spot of incidence by taking a rickshaw.
Taking into consideration the above circumstances, and the
fact that the Courts below have considered the matter in detail and
taken a lenient view by imposing a sentence of only 1 year on the
Petitioneraccused, we see no reason to interfere with the impugned
order of the High Court.
The Special Leave Petition is, accordingly, dismissed with a
direction to the petitioner to surrender before the Trial Court
within a period of four weeks from today.
3
Pending application filed in the matter also stands disposed
of.
(VISHAL ANAND)
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