Decided on April 25,2016

Madhav Vitthal Bansode Respondents


A. I. S. Cheema, J. - (1.) This Appeal by State has been filed against the orders passed by the Joint Judicial Magistrate, First Class, Bhusawal on 31st May 2003 in Summary Criminal Case No.32 of 1999 whereby the trial Court, while convicting the Respondent accused for offence under Section 184 of the Motor Vehicles Act, 1988, instead of passing sentence of imprisonment or fine, directed his release on the bond of Rs.5000/ and the bond of "one month's period contemplated in Section 4" of the Probation of Offenders Act, 1958 ("Probation Act" in brief). The present Appeal was filed by the State seeking leave under Section 377 (1) of the Code of Criminal Procedure, 1973 ("Cr.P.C." in brief), with prayer to enhance the sentence awarded by the J.M.F.C. The Appeal was admitted on 5th October 2005.
(2.) In Brief, The Case Is As Follows: (A). On 17th December 1998 at about 4.15 p.m., complainant Raman Chaudhari (PW1) filed F.I.R. with Bhusawal City Police Station informing that when he was at his tailor's shop in the market, he came to know that Bhanudas s/o Gopal, the brother of the complainant, had met with an accident near Hambardikar Bakery. He went there. School Bus No. MH19/2446 was standing there on the road. There was blood near the rear left wheel of the bus. There was big crowd. He came to the hospital and found that body of Bhanudas, a 13 years old boy was lying on the table and that the boy was dead. The boy was going to attend classes on cycle when the incident had occurred. (B). Police recorded Spot Panchnama (Exhibit 18) at about 6.00 6.30 p.m. The incident had occurred in Hambardikar square. The child had come from South towards North and was approaching the square when the incident occurred. Police recorded statements of witnesses. Other necessary steps as required by investigation were taken. After completing the investigation, chargesheet came to be filed.
(3.) The J.M.F.C. explained particulars for offence under Section 279, 304A of the Indian Penal Code, 1860 ("I.P.C." in brief). Particulars were also explained about Section 184 of the Motor Vehicles Act. The accused pleaded not guilty. The prosecution brought on record evidence of five witnesses. After holding the trial, the Magistrate acquitted the accused of offence under Section 279 and 304A of I.P.C. but convicted him under Section 184 of the Motor Vehicles Act.;

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