Darhrath Dagdu Ghodke v. State of Maha and Ors.
Case brief
What is this about?
In revision, the High Court affirmed convictions for rash and negligent driving causing death and related offences. Applying res ipsa loquitur, the court held that attendant circumstances and the accused's failure to explain the incident sustained the convictions, dismissing the appeal.
What the court decided
( 1 ) cra 370.04
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 370 OF 2004
Dashrath s/o. Dagadu Ghodke, Age: 40 years, Occu: Doctor, R/o Pimpalgaon (Dola), Tq. Kallam, Dist. Osmanabad. ... Applicant
Versus
- The State of Maharashtra,
- Aruna w/o. Kiran Chavan, Age: Major, Occ: Household, R/o: Ramnagar, Osmanabad, Dist. Osmanabad.
... Respondents
Mr. V.D. Salunke, Advocate for the Applicant. Mr. B.V. Virdhe, A.P.P. for the Respondent/State.
CORAM : MANGESH S. PATIL, J.
DATE OF RESERVING THE JUDGMENT : 30.08.2019 DATE OF PRONOUNCING THE JUDGMENT : 13.09.2019
Issues for consideration
3 issues framed by the court
Whether the principle of res ipsa loquitur can be applied to draw an inference of rash and negligent driving when the accused fails to explain the accident.
Whether the concurrent findings of facts by the trial and appellate courts regarding rash and negligent driving warranted interference.
Whether the conviction under Section 130 of the Motor Vehicles Act was sustainable in the absence of evidence regarding refusal to produce documents.
Parties & counsel
- appellant
Dashrath s/o. Dagadu Ghodke
- respondent
The State of Maharashtra
- respondent
Aruna w/o. Kiran Chavan
Coram
Case details
As recorded by the court registry
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