FULABAI SHANKARARO BANSODE Vs. KISAN RANGNATH JADHAV

JUDGEMENT

(1.) This Criminal Revision Application is filed by a private person against the order of acquittal recorded by the learned Judicial Magistrate First Class, Beed in Criminal Case No. 1919 of 1979 on his file in favour of Kisan Rangnath, who is Respondent No. 1 in this Revision Application, and it arises out of the following facts.

(2.) One Shankarrao Bansode had come to Beed from Kej on 15-9-1979. As a result of dash given to him by some truck, Shankarrao fell down on the road and sustained injuries and he was removed to the Civil Hospital at Beed and was admitted to the hospital. The medical examination disclosed fractures and hence the medical officer informed the police station. After the information was received by the police station, Head Constable Humbe (P. W. No 1) was directed by the police station to go to the hospital and to take the complaint. Accordingly, H. C. Humbe went to the Civil Hospital and recorded a dying declaration of Shankarrao, which is at Exh. No. 11 in the trial Court' s record. In spite of the treatment given to Shankarrao, Shankarrao succumbed to the injuries on 16-9-1979 in the hospital itself. Thereafter, an offence was registered under section 304-A of the Indian Penal Code and the accused was arrested and was charge-sheeted for the offence under section 304-A of the Indian Penal Code, etc., after the completion of investigation.

(3.) The accused pleaded not guilty and contended that his truck never gave any dash to Shankarrao. His version in the trial Court was that while he was going in his truck, he saw Shankarrao lying injured by the side of the road and on compassionate grounds he removed Shankarrao to the Civil Hospital at Beed.