AKSHAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner, who had just completed 18 years at the time of the incident, has preferred the revision against the judgment and conviction passed in S.C.C. No.6499/2013 passed by the learned Judicial Magistrate First Class, (Court No.9), Aurangabad dtd. 17/4/2019 and the learned Additional Sessions Judge-10, Aurangabad in Criminal Appeal No.102/2019 decided on 12/12/2019.

(2.) The brief facts of the case were that on 20/4/2013, the deceased was sitting on a fibre chair in front of her house. Her house was on the side of the road from Maruti Temple towards Sanjay Gandhi Market. At about 07.25 pm, the accused rode the motorbike without the registration number. He drove it rashly and negligently and dashed the deceased, who was sitting on the platform of her house. The road was 20 feet wide. The rough surface was led there in front of her house. She met with an accident. She was hospitalized. During treatment, she died. Her son/eyewitness lodged the report on 7/5/2013.

(3.) The Petitioner faced the trial for the offence punishable under Sec. 304-A of the Indian Penal Code and under Ss. 3/181, 50(1)/177 and 3, 4/180 of the Motor Vehicles Act. The prosecution examined the eyewitness, spot panch, and investigation officer. The Petitioner admitted the post-mortem report. The deceased had suffered a head injury and died due to complications following the said injury.