THE STATE OF MAHARASHTRA Vs. PRITHVIRAJ DAULATI DEOKAR
HIGH COURT OF BOMBAY
THE STATE OF MAHARASHTRA
Prithviraj Daulati Deokar
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REVATI MOHITE DERE,J. -
(1.) This appeal, preferred by the appellant - State of Maharashtra is directed against the Judgment and Order dated 29th June, 1999, passed by the learned Judicial Magistrate First Class, Koregaon, in Summary Criminal Case No.1028 of 1996 acquitting the respondent-accused of the offences punishable under Sections 279, 337, 338, 304-A, 427 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act.
(2.) The respondent-accused was driving a tempo bearing No. MH-11 2514, on the date of the incident i.e. on 18th November, 1996. According to the prosecution, at about 11.15 a.m., the said tempo collided with a motorcycle on a public road (Pusegaon to Koregaon), pursuant to which, the motorcyclist suffered injuries and expired. The pillion rider on the motor cycle is also stated to have received injuries. Pursuant thereto, a case was registered as against the respondent-accused. The police drew inquest panchanama, spot panchanama, recorded the statements of the witnesses etc., and after investigation filed a charge-sheet. According to the prosecution, on account of the rash and negligent act of the respondent-accused, the accident took place, in which the motorcyclist received injuries and succumbed to the same.
(3.) The respondent-accused pleaded not guilty and claimed to be tried. According to the respondent - accused, he was not driving the tempo in a rash and negligent manner and that it was the deceased who was riding the motorcycle, rashly and negligently, pursuant to which he collided with the tempo. The prosecution in support of its case examined 3 witnesses, PW1- Mukund Ramchandra Deokar, who was the cleaner of the tempo; PW2-Nitin Shridhar Chinchkar, who was riding pillion on the motorcycle of the deceased; and PW3-PSI Kundlik Gulab Waghmare, the Investigating Officer. After carefully going through the evidence on record, the learned Judge was pleased to acquit the respondent-accused of all the offences.;
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