THE STATE OF MAHARASHTRA Vs. MADHUKAR MARUTI SABALE

JUDGEMENT

(1.) The respondent an employee of the State Road Transport Corporation was prosecuted on the allegations of having committed offences punishable under Section 279 of the Indian Penal Code (For short, 'IPC), Section 304A of the IPC as also the offences punishable under the Motor Vehicle Act. After holding the trial, the Judicial Magistrate, First Class, Radhanagari, Dist.Kolhapur acquitted him by a Judgment and Order dated 31/12/1996. Being aggrieved by the said Judgment and Order of acquittal, the State of Maharashtra, after obtaining leave of this Court, has filed the present appeal praying that the order of acquittal be set aside and that the respondent be convicted of the offences in respect of which he was prosecuted.

(2.) I have heard Mrs. S.V. Gajare the learned Additional Public Prosecutor for the appellant/State. I have heard Mr. P.D. Dalvi the learned counsel for the respondent. With their assistance, I have gone through the entire evidence adduced during the trial and the impugned Judgment of acquittal delivered by Mr. N.S. Lohare, the Judicial Magistrate, First Class, Radhanagari, Dist.Kolhapur.

(3.) In the view that I am taking after hearing the learned Additional Public Prosecutor and the learned counsel for the respondent, it is not necessary or desirable to discuss the evidence that was adduced by the prosecution during the trial. It is because after considering all the relevant aspects of the matter and upon perusing of the record, I am of the opinion that the impugned Judgment and Order should be set aside and the matter should be remanded back to the Magistrate.