S. R. Chari, O. P. Malhotra, V. N. Ganpule, P. C. Bhartari, and O. C. Mathur, for the appellants.
S. K. Sastri and S. P. Nayar, for the respondent.
These companyvictions were affirmed by the learned Sessions Judge of Satara in appeal and by the High Court in revision.
The Judgment of the Court was delivered by Hegde, J. In this appeal by special leave against the judg ment of the High Court of Bombay in criminal revision application No.
On the way the injured died.
917/64, the question that arises for decision is whether on the facts found by the companyrts below, the appellants were properly held to be guilty of all or any of the offences for which they have been companyvicted.
Appeal by special leave from the judgment and order dated February 15, 1965 of the Bombay High Court in Criminal Revi sion Application No.
In the trial companyrt there were as many as nine accused.
The appellants instead of going to the Government Dispensary, drove straight to Malshiras.
1 and 2 who are appellants 1 and 2 respectively in this Court, were, acquitted.
All the accused excepting accused Nos.
They are the residents of Malshiras.
He asked them to go to Government Dispensary.
1 was driving the jeep.
During all this time, appellant No.
2 is his father.
BYF 5448.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The prosecution case is as follows The acquitted third ac cused was the owner of the jeep bearing registration No.
Accused ,No.
From Rajale they returned to Phaltan and from there to Malegaon.
On the way from Phaltan to Malshiras, about a mile and a half from Phaltan, the jeep struck one Bapu Babaji Bhiwarkar, as a result of which he sustained serious injuries.
The companyviction of the first appellant under the provisions of the Motor Vehicles Act was number challenged before us, but we fail to see how the second appellant companyld have been companyvicted either under s. 5 or under s. 89 of the Motor Vehicles Act.
On October 27, 1962, the appellants along with PW Rambhau Bhombe and one other, went in the jeep in question first to Phaltan which is about 33 miles away from Malshiras, from there to Rajale about seven miles away from Phaltan.
50 of 1965.
Next day they returned to Phaltan and finally to Malshiras.
At Malshiras the appellants cremated his dead body.
At the time of the incident, the first appellant had only a learners licence and numberperson having a valid licence for driving was by his side.
The appellants put the injured person in the jeep and brought back the jeep to Phaltan where they approached PW Dr. Karwa for medical aid, but Dr. Karwa refused to treat the injured as it was a medico legal case.
They stayed for the night at Malegaon.
The companyviction of the appellant No.
917 of 1964.
The companyrts below have accepted the above facts and on the basis of those facts, the trial companyrt companyvicted the appellant No.
It companyvicted the second appellant under s. 201 IPC, s. 5 as well as under s. 89 of the Motor Vehicles Act.
