STATE OF MAHARASHTRA Vs. GOPINATH SADASHIV KULKARNI

JUDGEMENT

(1.) THROUGH this appeal the State of Maharashtra (the appellant) has impugned the judgment and order dated 22.11.1988 passed by the Judicial Magistrate, First Class, Malkapur in Summary Case No.98 of 1985 acquitting the respondent for offences punishable under section 279, 337 and 427 of the Indian Penal Code and sections 116 and 117 of the Motor Vehicles Act.

(2.) BRIEFLY stated the prosecution case is that on 3.8.1985 at 1.10 hours on Kolhapur Ratnagiri Road, the respondent under the influence of liquor, drove his truck bearing no.MXL 5359 rashly and negligently so as to endanger human life and public safety at large and dashed his vehicle against tempo no.MXL 2436 which was going to Amba side on the same road near mile stone no.84/400 as a result whereof caused injuries to Babu Aba Patil and Yeshwant Hari Patil and also caused damages to the tempo owner to the tune of Rs.13000/-.

(3.) THE case was investigated in the usual manner and a chargesheet was filed against the respondent on 19.8.1995. During trial a large number of witnesses were examined by the prosecution. Out of them two viz. Baburao Aba Patil and Yeshwant Hari Patil we examined as eye witnesses. In defence no witnesses were examined. After recording the evidence adduced by the prosecution and examining the respondent under section 313 Cr.P.C. the trial court acquitted him vide the impugned judgment. Hence this appeal.