LAWS(BOM)-1997-11-153

STATE OF MAHARASHTRA Vs. TUKARAM BAPU KATKAR

Decided On November 18, 1997
STATE OF MAHARASHTRA Appellant
V/S
Tukaram Bapu Katkar Respondents

JUDGEMENT

(1.) THIS appeal is preferred by the State against the order dated 12th February 1987 passed by the learned Judicial Magistrate, First Class, Panvel, in Regular Summary Case No.1303 of 1984, whereby the respondent-accused has been acquitted for offences punishable under sections 279, 337 and 338 I.P.C., holding that the prosecution has failed to produce the witnesses in the Court despite giving sufficient time and adjourning the matter for four times.

(2.) THE respondent-accused was charge-sheeted for offences punishable under sections 279, 337 and 338 I.P.C. It has been alleged that the respondent-accused was a S.T. Bus driver. It has been further alleged that during discharge of his duties, on 20th November 1984 at 8.30 p.m. while going from Pune to Bombay, by driving the S.T. bus rashly and negligently, gave a dash to truck bearing no. MHL-3110 coming from opposite direction and thereby caused simple and grievous injuries to the driver and cleaner of the said truck.

(3.) IN the result, this appeal fails and the same is dismissed.