DILIP NARAYAN KUYESKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have heard Mr.S.B.Dhotre for the applicant and Mr.R.S.Deshpande, Additional Public Prosecutor for the State of Maharashtra-Respondent. I have also perused the record and proceedings and the impugned Judgment. The concurrent finding of the fact recorded by the Courts below is that as a consequence of the applicant driving a private bus bearing No. MRL-1384, rashly & negligent near village Kharepatan, on the goa-Mumbai Highway, on 19-5-1984, at 2.15 p.m., the said bus went off the road and fell in a streamlet resulting in 9 people being killed and 50 others being injured.

(2.) AFTER the usual FIR and investigation etc. the applicant was charge sheeted for offences punishable under section 304A, 279, 338 IPC and 116 of the Motor Vehicle Act.

(3.) IN my view, the evidence on record amply bears out that the applicant was driving the bus rashly and negligently and as a consequence of which, so doing, 9 people were killed and 50 injured. I do not find appraisement of evidence of the witnesses by the Courts below, to be perverse.