DEEPAK Vs. RUPCHAND AND ORS.

JUDGEMENT

(1.) The present Revision Application is directed against the Judgment and Order of acquittal dated 17/02/2003 passed by the learned Judicial Magistrate First Class, Paithan in S.C.C. No. 916/1996, whereby the learned Magistrate acquitted respondent No. 1 for the offence punishable u/s. 304A and 279 of the Indian Penal Code. Heard Mr. V.R. Dhorde holding for Mr. H.D. Deshmukh, the learned counsel for the applicant and Mr. S.A. Ambad, the learned A.P.P. for respondent No. 2 - State. Nobody appeared for respondent No. 1 though he was duly served. With the able assistance of the learned counsel, I have gone through the record and proceedings which was called.

(2.) Though it was State prosecution, the State chose not to file Appeal challenging the acquittal of respondent No. 1. It is the applicant, who is the father of deceased Mayur, has preferred the present Revision Application.

(3.) Exh. 17 to 20 are admitted documents, those are Spot Panchanama, Inquest Panchanama, Postmortem report and the R.T.O. Report.