VASANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are directed against the common judgment of the High Court of Bombay in Crl. A. Nos. 136/86 and 41/86.

(2.) Crl. A. No. 41/86 was filed by the appellant challenging his conviction by the trial Court under Section 304-A of the Indian Penal Code. Crl. A. No. 136/86 was filed by the State as the appellant was acquitted for the offence punishable under Section 302, IPC. The High Court allowed the State appeal and dismissed the appeal filed by the appellant.

(3.) It was the prosecution case that Shridhar, a Social Worker, was complaining against the appellant as he has parking a jeep near his house and thereby creating an obstruction to the residents of that locality. That led to enmity between him and the appellant. A few days before the date of the incident, Shridhar had threatened the appellant that he would complain about his behaviour to his superior officers. On 13-7-84, at about 1.30 p.m. the appellant was seen grappling with Shridhar on the road about 400 feet away from Shivni Bus stand. This incident was witnessed by PWs 3 and 5-Gajanan Murumkar and Shrikrishna. The appellant and Shridhar were separated by PWs 2, 3, 5 and others. Shridhar at that time told the appellant that it was open to him to put him in jail on that day as he was drunk but he would see him on the next day after coming out of the jail. The appellant thereupon went running towards the place where boring work was going on and where he had kept his Jeep bearing No. MTJ 7343. He jumped into the jeep, started it and took it in reverse upto the intersection of the road and then took it towards the deceased in high speed. PW 4-Sultan who was walking ahead of the deceased got frightened and as a result thereof articles which he was carrying on on his head fell down and he had to run for cover. The appellant proceeded ahead by taking his jeep on the wrong side of the road and then knocked down Sridhar-deceased. Sridhar fell down and was run over by the jeep. The appellant took his jeep ahead by a few feet and then brought it back on the left side of the road. It was the prosecution case that the appellant had dashed his jeep against Shridhar intentionally with a view to cause his death.