- (1.)This Appeal is directed against the Judgment and Order dtd. 21/5/2003 passed by the learned Judicial Magistrate, First Class, Khadki, Pune, in Criminal Case No.1318 of 2001, whereby the accused/respondent came to be acquitted of the offence punishable under Ss. 279 and 304-A of the Indian Penal Code (IPC) read with Ss. 119/177 and 132(1)(c) of the Motor Vehicles Act, 1988 (MV Act).
(2.)The prosecution alleges that on 15/8/2001, Sadhana Tanaji Mane was riding her Sunny Moped to attend a flag hoisting ceremony. Around 7.30 a.m., as she was passing the MI room gate on Pune Alandi road, a military vehicle collided with her Moped, causing her to fall. She was initially taken to a Military Hospital and then shifted to Sassoon Hospital due to the severity of her injuries, where she later passed away. The police were informed and found the Moped at the scene of the accident. An inquest panchanama was prepared following her death. During the investigation, witness statements were recorded by the investigating officer. On 23/8/2001, Ramchandra Krishnarao Suryavanshi provided the police with the number of the previously unidentified vehicle involved in the accident. The driver was subsequently arrested. After the investigation was completed and the driver's involvement was established, a charge sheet was filed.
(3.)Charge came to be framed against the accused for the offences punishable under Ss. 279 and 304-A of IPC read with Ss. 119/177 and 132(1)(c) of the MV Act. The accused abjured his guilt and claimed trial.
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