STATE OF MAHARASHTRA Vs. PAPPUGULAM MUSTAK ALI KHAN

JUDGEMENT

(1.) In this appeal, prosecution has impugned an order and judgment dated 22.3.2001 by which the Court acquitted respondent of charges punishable under Section 304-A (Causing death by negligence), section 337 (Causing hurt by act endangering life or personal safety of others) and section 338 (Causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code and section 184 (Driving dangerously) and Section 89/112 of The Motor Vehicles Act, 1988.

(2.) Briefly stated, it is the case of prosecution that one Mukesh Govardandas Kothari of village Sopara lodged complaint on 26.10.1995 to the Nalasopara police station reporting that his nephew Mehul Rajendra Kothari (Mehul Kothari) aged about 12 years was run over by a truck bearing registration no.MCU 372 and the said Mehul Kothari died on the spot. It is mentioned in the complaint that the truck was driven by accused. The complaint was recorded and C.R.No.I-109/95 was registered at 12.35 p.m. on 26.10.1995 by PSI Mr.Mohite. Mr.Mohite who is PW-4 took over the investigation, immediately went to the spot of accident and prepared inquest panchanama of dead body of Mehul in the presence of two panchas. It was noticed that head of the deceased was totally smashed. Spot of accident was inspected and spot panchanama was prepared. Blood stains were found on the bicycle which deceased was riding at the time of accident from near the spot of accident. The inquest panchanama was prepared from 12.45 p.m. to 1.30 p.m. and panchanama of scene of offence was prepared from 1.15 p.m. to 2.15 p.m. Dead body was sent for post mortem.

(3.) Statement of witnesses Dhawal Kothari PW-2 who was going with the deceased and other eye witnesses, i.e., Deepak Yashwant Raut PW-5 and one Juber Khan were recorded. Accused was also arrested on 26.10.1995 at about 2.00 p.m. based on inquiry made and information received from the owner of the truck. Wireless message was sent to the Regional Transport Office (RTO) in order to inspect the truck. Report of RTO was received on 31.10.1995 and the relevant papers were verified and after completion of investigation, charge-sheet was sent to the Court on 20.12.1995. Charges were framed and accused pleaded not guilty and claimed to be tried. Statement of accused was recorded under Section 313 of Cr.P.C. after the evidence of the first 4 witnesses were recorded. After the evidence of Deepak Yeshwant Raut PW-5 was recorded, fresh statement under Section 313 of Cr.P.C. came to be recorded.