The Bombay High Court passed a order on 3 March, 2023.This was seen in the case of. Xyz vs The State Of Maharashtra 1238 OF 2012 and the case was presided over by Hon’ble Justice SM Modak.
FACTS OF THE CASE:
In this case respondent was charged for being responsible of the death of the bicycle driver and one bullock. He was driving Tata Sumo jeep. He was found negligent and F.I.R. was registered for the offence punishable under Sections 279, 337, 338, 304-A of the Indian Penal Code and under Section 134 of the Motor Vehicles Act.
ORDER BY COURT:
“It is really strange state of affairs, when such matters are conducted neither Investigating Officer has prepared a map/rough sketch, nor trial court has taken pains in recording directions correctly in the evidence. If there is some confusion, the trial Court could have clarified it from the witnesses by putting questions which is permissible by law,” the Court observed. “It is true that the consequence of the accident are the death of the one bullock and the bicycle driver. For want of evidence, the trial court could not come to the conclusion about rash and negligent driving by the respondent. Even this Court is unable to come to that conclusion for the above reasons”, the Court held.It, therefore, upheld the order of acquittal.
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JUDGEMENT REVIEWED BY ARCHLA.
