High Court Criminal Appellate Jurisdiction dismissed an application for leave to appeal seeking challenge to acquittal under Sections 304-A and 279 IPC regarding a traffic accident causing death.
Application for leave to file appeal dismissed and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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40.als.98-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.98 OF 2014 [For leave to appeal]
State of Maharashtra Versus
Nandkumar P. Magdum.
..Applicant
..Respondent
Mr. V.B. Konde Deshmukh, APP, for the Applicant – State.
CORAM : A. R. JOSHI, J.
DATE : 29th OCTOBER, 2014
P.C.
for leave to file appeal challenging the judgment and order of acquittal of the respondent in the matter of offences punishable under Sections 304A and Section 279 of IPC and other offences under the Motor Vehicles Act.
burst and there was an accident in which the motorcycle fell on the
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40.als.98-14.doc
road and both the riders fell on the ground. The
respondent/accused was driving the motorcycle. He also sustained injuries. The pillion rider, who was relative of the respondent/accused, died on the spot as apparently his head stuck on the stone lying by the side of the road. Information was given to Rajarampuri police. Thereafter the matter was transferred to Budhargad police station and the motorcycle rider i.e. the present respondent/accused was made as an accused.
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trial Court and it is observed that the trial Court had rightly appreciated the evidence on record mainly that of PW2 Vishwas Kadam who is allegedly an eye witness. It appears that the trial Court had rightly came to the conclusion as to nonestablishment of rash and negligent driving by the respondent/accused causing death of the pillion rider. As such, considering the scope for interfering in the judgment and order of acquittal, in the opinion of this Court, there is nothing to alter the said impugned judgment and order and come to a different conclusion. In the result, there is no merit in the present application for leave to file appeal and the same is accordingly dismissed and disposed of.
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State of Maharashtra
Nandkumar P. Magdum
A. R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
