UDDHAVRAO Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) The present Revision Application is preferred by Uddhav Bais [P.W. 2], since is aggrieved by the acquittal of non applicant No. 2 by the learned Judicial Magistrate First Class, Naigaon (B.Z.) for the offence punishable u/s. 279, 304-A of the Indian Penal Code and Section 184 of the Motor Vehicles Act. Heard Mr. V.D. Gunale, the learned counsel for the applicant, Mr. D.R. Kale, the learned A.P.P. for respondent No. 1 - State and Mr. Amol Gandhi, the learned counsel for respondent No. 2 in extenso.

(2.) Non applicant No. 2 faced prosecution for the offence punishable u/s. 279, 304-A of the Indian Penal Code and Section 184 of the Motor Vehicles Act. According to the prosecution, on 25/10/2000, he was driving tractor - trolley bearing No. MH-26/C-9249 and MH-26/C-8693 at 7.00 p.m. on Naigaon - Kolambi road in rash and negligent manner and due to such rash and negligent driving, near Ancholi fata within the village limits of Godhamgaon, caused death of Nagorao Ramrao Bais.

(3.) In order to substantiate its case, prosecution has examined in all six witnesses. P.W. 2 Uddhav Bais, who is the applicant, though is not an eye witness, has lodged First Information Report [hereinafter referred as 'F.I.R.'] [Exh. 10]. P.W. 1 Kerba and P.W. 3 Sanjay along with P.W. 4 Pandharinath were examined as eye witnesses. According to the prosecution, these witnesses were traveling along with deceased in trolley.