STATE OF MAHARASHTRA Vs. MAHADEO SIDDHAPPA GHALI

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 27th January 2004 passed by the Judicial Magistrate First Class, Miraj, acquitting respondent (accused) of offences punishable under Section 279 (Rash driving or riding on a public way), Section 304-A (Causing death by negligence), Section 338 (Causing grievous hurt by act endangering life or personal safety of others) of Indian Penal Code (IPC) and Section 184 (Driving dangerously) of Motor Vehicles Act, 1988.

(2.) It is prosecution's case that accused on 23rd March 1999, at about 11.30 a.m., was driving a bus on Miraj to Mhaisal road. Near Malati Tapovan, he collided against a truck which was being driven by PW-3. In the collision, one person died and three others were injured. Deceased was the cleaner of the bus and the injured included PW-1 and PW-2. According to prosecution, accused was driving his bus rashly and negligently so as to endanger human life or personal safety of others and thereby caused death not amounting to murder or culpable homicide.

(3.) The Apex Court in Ghurey Lal Vs. State of U.P., (2008) 10 SCC 450 has culled out the factors to be kept in mind by the Appellate Court while hearing an appeal against acquittal. Paragraph Nos.72 and 73 of the said judgment read as under: