STATE OF MAHARASHTRA Vs. BHIKU MAHADEO CHAVAN

JUDGEMENT

(1.) This is a State Appeal against the order of acquittal passed by the learned Judicial Magistrate, F.C., Koregaon in Summary Case No. 150 of 1979 acquitting the respondent of the offences under sections 279, 304-A, IPC and section 116 of the Motor Vehicles Act.

(2.) The respondent was prosecuted for the aforesaid offences for driving his truck in rash and negligent manner and thereby causing death of one Babu Hari Jadhav.

(3.) The incident took place at about 12.00 noon on 12-2-1979 near Mugaon Phata at a distance of about 175 feet Mile Stone No. 2 on Satara-Koregaon road, which runs west-east. Koregaon being to the east of Satara. At that time the deceased Babu was proceeding by the southern side of the road, following his cattle while his companion Raghunath Londhe was moving by the northern side of the road, towards Koregaon. It is the prosecution case that the respondent, who was driving his truck bearing No. MHD 4466, on his way from Satara to Koregaon, suddenly moved to the southern side of the road and gave a dash to Babu who was proceeding ahead. As a result of the impact, Babu fell down and came under the front right wheel of the truck and sustained injuries, which ultimately proved fatal.