STATE OF MAHARASHTRA Vs. UTTAM AKARAM MADANE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 27th December, 2005 passed by the Judicial Magistrate, First Class, Vita, Dist. Sangli acquitting the respondent (hereinafter referred as accused) of offence punishable under Sections 279 (Rash driving or riding on a public way.), 338 (Causing grievous hurt by act endangering life or personal safety of others) and 304 A (Causing death by negligence) of the Indian Penal Code r/w Section 184 (Driving dangerously) of the Motor Vehicles Act.

(2.) Admittedly, accused was plying a truck on 15/03/1997 at about 6.10 p.m., bearing registration no.MXL 6878 on Vita Lengare Road, Near Shivaji Chowk, Vita Town, Taluka Khanapur, Dist. Sangli. The truck was coming from Shivaji Chowk. There is Ganesh temple on the road and accused near that temple ran over Rekha Balu Mohite, 8 years old child who died on the spot. It is prosecution's case that accused was driving his vehicle in a rash and negligent manner because of which Rekha came under the rear right wheel of the truck resulting in her death. Accused himself reported the incident to Vita Police Station. The case was registered, investigation was commenced, panchanama was drawn, body was sent for postmortem, statements were recorded and charge-sheet was filed. Charges were framed. Accused pleaded not guilty and claimed to be tried. Defence of accused was that he was plying his truck on the left lane of the road at which time Rekha suddenly started running and slipped due to which she came under the rear wheel of the truck and there was no fault on the part of accused.

(3.) To drive home the charge, prosecution led evidence of 8 witnesses namely Pandurang Jagannath Chothe, Panch of Inquest Panchanama as P.W. 1 ; Kishor Yesu Desai, Eye witness as P.W. 2 ; Pandurang Shamrao Bhingardeve, Panch of Spot Panchanama as P.W. 3 ; Ashok Musa Waidande, Eye witness as P.W. 4, Kuber Laxman Bhosale, Investigating Officer as P.W. 5, Subrao Akaram Bhingardeve, Eye witness as P.W. 6, Dr.Sunil Narayan Kulkarni, Medical Officer as P.W. 7 and Vasant Parshuram Patil, RTO Inspector as P.W. 8.