SHANKAR HIRAMAN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri J.S. Wankhede, learned counsel for the applicant and Shri H.R. Dhumale, learned APP for the nonapplicant.

(2.) The applicant was prosecuted before the Judicial Magistrate First Class (J.M.F.C.), Pusad, for the offence punishable under Section 304-A of the Indian Penal Code, on the allegation that on 18.06.1994 at about 15.45 hours on the road in front of Rural Hospital, Umarkhed, Pusad, caused the death due to rash and negligent driving, not amounting to culpable homicide.

(3.) The applicant was driving S.T. Bus rashly and negligently and dashed to Nitin s/o Ashokrao Deshmukh. He was prosecuted by the Police for the offence punishable under Section 304-A of the Indian Penal Code. The J.M.F.C. tried the accused/ applicant and held him guilty but given him the benefit of Section 3 of the Probation of Offenders Act, 1958.