STATE OF MAHARASHTRA Vs. SHAIKH JABBARLAL MOHAMAD

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 22.4.2004 passed by the Judicial Magistrate First Class, A.C Linked Court, Pune, acquitting respondent (accused) of offences punishable under sections 304-A (Causing death by negligence), 279 (Rash driving or riding on a public way), 338 (Causing grievous hurt by act endangering life or personal safety of others), 427 (Mischief causing damage to the amount of fifty rupees) of the Indian Penal Code (IPC) and 78/112, 89(A), 116 of the Motor Vehicle Act (MV Act).

(2.) The 3 witnesses Atul Arvind Bhalerao (PW-1), Niraj Prabhakar Kulkarni (PW-2), Vaibhav Raghunath Modak (PW-3) and one Avadhoot Wagh on 8.10.1987 at about 00.30 hr. were riding on 2 two-wheelers. One two wheeler was being driven by PW-2 and PW-1 was his pillion rider and PW-3 was riding the second two wheeler and Avadhoot was his pillion rider. When they reached at Balgandharv Rang Mandir chowk, a bus bearing registration No.MHJ 3375 driven by accused allegedly in negligent manner, dashed against the bike driven by PW-3, resulting in PW-3 and Avadhoot suffering serious injuries. A day later i.e., 9.10.1987 Avadhoot succumbed to the injuries. The two wheelers were proceeding on Ghole road towards Balgandharv chowk and the bus was coming down Jangli Maharaj road towards the chowk. The bus was to the left of the two wheelers and both were perpendicular to the other.

(3.) As nobody was appearing for the accused, this court by an order dated 25.2.2020 appointed Mr.Saif Dingankar as Amicus Curiae. I must express my appreciation for the assistance rendered and endeavour put forth by Mr.Dingankar, learned Amicus Curiae.