THE STATE OF MAHARASHTRA Vs. SANTOSH GAJANAN JADHAV

JUDGEMENT

(1.) This appeal is filed by the State Government since the State is aggrieved by the judgment and order of acquittal passed by the learned Judicial Magistrate First Class, Barshitakli dated 12.01.2006 in Summary Criminal Case No. 1042/2001 by which the respondent was acquitted by the Court below of the offence punishable under Section 279, 337 and 304A of the Indian Penal Code and under Section 184 of the Motor Vehicles Act.

(2.) I have heard Mr. V. A. Thakare, learned A.P.P. for the appellant State and Mr. Arindam Niyogi, learned counsel for the respondent, appointed by this Court since in spite of service of notice, nobody was appearing on behalf of the respondent.

(3.) The FIR was lodged with Police Station, Barshitakli by Pradip Pawar (PW1) on 13.06.2001 (Exh.12). On the basis of the same, Crime No. 86/2001 was registered. The printed FIR is at Exh.13. According to the FIR, the first informant Shivcharan Ahir and Santosh Rathod (deceased) were coming from dairy of one Khope on three bicycles. They started from the dairy of Khope in between 07.00 to 07.30 in the evening and they were going towards their village Redwa. At about 7.45 in the night, one jeep came in high speed and gave dash resulting into death of Santosh. The FIR states that the jeep was owned by one Digambar Rathod (Tailor) and the respondent was driving the said jeep.