Dilip Narayan Kuyeskar vs State of Maharashtra

Vishnu Sahai, J.—I have heard Mr. S.P. Dhotre for the applicant and Mr. R.S. Deshpande, Additional Public Prosecutor for the State of Maharashtra-respondent. I have also perused the record and proceedings and the impugned judgment. The concurrent finding of the fact recorded by the Courts below is that as a consequence of the applicant driving a private bus bearing No. MRL-1384, near village Kharepatan, on the Goa-Mumbai Highway, on 19.5.1984. At 2.15 p.m., the said bus went off the road and fell in a streamlet resulting in 9 people being killed and 50 others being injured.

After the usual FIR and investigation etc., the applicant was charge-sheeted for offences punishable under Sections 304A, 279,338, IPC and Section 116 of the Motor Vehicles Act.

I have perused the evidence on record and find that the same shows:

(a) that on a turning, the applicant was driving his bus at a speed of 40-45 kms.;

(b) Instead of being driven on left side of the road, the bus was being driven on the right side of the road and as an impact of the collusion with the bus, a tree fell down meaning thereby that the speed must have been enormous.

A person who, on a turning, drives a bus at a speed of 40-45 kms. in my judgment, would be deemed to be driving it, both in a rash and negligent manner.

I find that the eye-witnesses, Anant Padwal PW 2, Ramchandra Kulapkar PW 3, and Shalini Panchad P W 4, have stated that the bus was going on the right side, who were travelling in the said bus. I further find that the eye-witness Ramchandra Kulapkar stated that the bus was at a speed of 40-45 kms. per hour.

It may be mentioned that none of these three witnesses have been cross-examined either on the aspect that the bus was being driven on right side of the road or being driven at a high speed.

In my view, the evidence on record amply bears out that the applicant was driving the bus rashly and negligently and as a consequence of which, so doing, 9 people were killed and 50 injured. I do not find appraisement of evidence of the witnesses by the Courts below, to be perverse.

I am not inclined to accept the submission of the learned Counsel for the applicant that since brakes were not in working order, the applicant could not apply them.

It needs to be pointed out that sitting in its revisional jurisdiction, this Court only interferes with appreciation of evidence if the same is perverse.

I also do not find the impugned judgment to be suffering from any illegality.

The report of Motor Vehicles Inspector Satish Salvi PW 5, who examined the vehicle, Exhibit 22, shows that there were brake marks on the right side of the road. It further shows that there was no mechanical defect in the vehicle. In my view, conviction of the applicant on various counts namely under Sections 304A, 279,337, 338, IPC and 116 of the M.V. Act, has been rightly recorded by the Trial Court, and upheld by the Appellate Court.

So far as the sentence is concerned, considering the circumstances that as a consequence of the rash and negligent driving of the applicant, 9 people were killed and 50 others were injured. The applicant should thank his stars that he has got away with such a nominal sentence. On the facts of this case, a sentence of 3 months R1, for an offence u/s 304A, IPC was ridiculously low. It is surprising that the State of Maharashtra has not filed an appeal for enhancement of the sentence of the applicant and since more than 11 years have elapsed, since the applicant was convicted by the Trial Court, at this stage of final hearing, I am not inclined to issue a suo motu notice for enhancement of sentence of the applicant.

In the result, this revision application stands dismissed. Conviction of the applicant on various counts is confirmed. He is on bail. He shall be taken into custody forthwith to serve out his sentence.

Rule is discharged. Before parting with this judgment, I would like to put on record my appreciation for the vehemence with which, the learned Counsel for the applicant has argued this brief.

At this stage, learned Counsel for the applicant made an oral prayer that I should stay operation of my order, for a period of four weeks. In law, there is no provision under which I can do it. Prayer rejected.

In case an application for a certified copy of this judgment is preferred, the same shall be issued within four weeks from today.