STATE OF MAHARASHTRA Vs. KULDEEP SUBHASH PAWAR

JUDGEMENT

(1.) Heard learned APP Shri Patil for the Appellant-State and learned Advocate Shri Satpute appointed by way of Legal Aid to represent the Respondent.

(2.) Respondent is acquitted by the Court of JMFC, Tasgaon on 24/08/2011 in S.C.C. No. 274 of 2009. He was charged for being responsible of the death of the bicycle driver and one bullock. The Respondent is driver of Tata Sumo jeep bearing no. MH-10-AG/3440. The incident took place on 01/11/2009 at an early hour of the day i.e. 8.30 a.m. on a public road. The spot is situated on a road going from Manerajuri to Kumtha village in the village Uplavi Taluka - Tasgaon. The first informant was driving his bullock cart. Whereas one Balaso Krushna Mane, resident of village Uplavi was driving bicycle. The Tata sumo driver dashed to the bullock cart and also to the bicycle. The intimation was given to Tasgaon Police Station. Initially investigation was carried out by P.W. No. 5 -ASI Mahavir Bapu Chougale. He found the negligence of the Respondent - accused and that is why F.I.R. is registered on 01/11/2009 for the offence punishable under Ss. 279, 337, 338, 304-A of the Indian Penal Code and under Sec. 134 of the Motor Vehicles Act.

(3.) During trial five witnesses were examined. P.W. No. 1- Vasant Desai, who is owner of the bullock cart. Whereas P.W. No. 2-Jotiram Patil was passerby and eye witness. P.W. No. 3- Subhash Chavan is a Police Patil who visited the spot after getting information about the accident. P.W. No. 4- Balasaheb Patil is spot panch and Panch No. 5- Mahavir Chougule is investigating officer.