STATE OF MAHARASHTRA Vs. ADAM SAYYAD MULANI

JUDGEMENT

(1.) Both the Appeals arose out of the same impugned Judgment and Order dtd. 9/1/2004, in Regular Criminal Case No.70 of 2003, passed by the learned Judicial Magistrate, First Class, Atpadi, District Sangli, thereby the Respondent ("the accused") has been acquitted of the charge of the offences punishable under Ss. 279 and 304-A of the I.P.C. and Sec. 181 read with Sec. 3 of the Motor Vehicles Act, 1988 ("the Act") but convicted for the offence punishable under Sec. 187 read with 134 of the Act and sentenced to suffer imprisonment till rising of the Court and to pay a fine of Rs.500.00, in default, to suffer ten days simple imprisonment.

(2.) Heard Ms.Tendulkar, learned APP for the Appellant-State and Mr.Chavan, learned Advocate for the accused. Perused record.

(3.) The prosecution story is that, on 27/02/1999, at about 11:30 am, three school girls, namely, Supriya Khulpe ("the deceased"), Swati Sagar and Ashwini Misal, all aged 12 to 14 years, came at village Salshing Mala, on Dighanchi - Atpadi road, by travelling in a goods tempo. There, the girls alighted from the said tempo near the field of Shankar Mohite, as they wanted go to the house of Ashwini Misal by crossing the road. Swati Sagar and Ashwini Misal crossed the road. However, when the deceased was crossing the road, the accused came there driving his tempo bearing MH-04/S-7777 ("offending tempo") and gave dash to deceased. As a result, the deceased sustained serious injuries and died on the spot. As alleged, after the accident the accused fled from the spot leaving the tempo. PW5-Balkrushna Khulpe, father of the deceased, filed a Vardi Report of the accident with Atpadi Police Station therein he narrated the incident as above. Police registered the said Vardi as Motor Accident No.07 of 1999.