STATE OF MAHARASHTRA Vs. MAJIDKHAN MIYAKHAN PATHAN

JUDGEMENT

(1.) None appears for the respondent/accused though served. Heard Ms. S.V.Kolhe, learned APP for the appellant/State. The State has filed this appeal to challenge the judgment passed by the learned Magistrate acquitting the accused of the charge of commission of offence punishable under Section 279, 337 and Section 304-A of the Indian Penal Code.

(2.) The case of the prosecution is that:

(3.) After conducting the trial, the Magistrate has held that the prosecution has not been able to prove that at the time of the accident, the jeep was driven rashly and negligently. The Magistrate held that the prosecution has failed to prove that the accused caused death of Shobha by giving dash to her by his jeep driving it rashly and negligently.