SUNITA PURSHOTTAM TARKAR Vs. VINCENT PAUL SUARES

JUDGEMENT

(1.) This is an application for revision filed by the wife of the deceased victim against an order of acquittal, passed by the Metropolitan Magistrate, 30th Court, Kurla, Bombay acquitting the respondent No. 1 of an offence punishable under section 304-A Indian Penal Code in respect of death of the husband of the petitioner.

(2.) The prosecution case is that on 14-9-1974 at about 6-15 a.m. the accused was driving a passenger bus No. MRY 4947 in Greater Bombay, at Sion Circle. At the relevant time, he had entered Sion Circle, where the accident took place. The deceased Purshottam, aged 25 years, was proceeding in the same direction namely from North to South and was also in the Sion Circle. He was a little ahead of the above mentioned bus. It is the prosecution case that the accused was driving the bus rashly or negligently. He overlooked the deceased Purshottam and suddenly turned to the left, which resulted that Purshottam was knocked down and the bus ran over him. His skull was broken and he died instantaneously at the spot. Thereafter the Police arrived on the spot and made a spot panchanama. After completing the investigation, the police filed the challan against the accused-respondent No. 1 for an offence under section 304-A Indian Penal Code.

(3.) At the trial, the prosecution examined Motor Vehicle Inspector, who stated that the motor vehicle was in order and no mechanical defect was noticed. Police Sub-Inspector and one of the two eye-witnesses were examined. The learned Magistrate after considering all this evidence held that the prosecution has failed to prove that it was the accused who was driving the bus and that the bus was driven by the accused rashly or negligently, and therefore he acquitted the accused. It is against this judgment that the present application has been filed by the widow of the deceased.