JUDGMENT - (1) One Kamalakar Prabhakar Juvekar, who will herafter the referred to as the acused was charged before the Presidenc Magistrate, 12the court, Bandra, Bomaby in Case No. 1953/p of 1958 , for offences punishable under Ss.279 and 337 I.P.C It was the case for the prosecution that on 10-10-1958 the accused drove S.K.M.M Cos.Bus No BYL 4441in a rash and negligent manner and caused injuries to compoing the offence under S. 337 I.P.C. and asked for the permission of the court in that and asked for the permission of the Court in that behalf. The trial Magistrate granted leave to compound and acquitted the accused of that charge. He then observed that the charge under S. 279 I.P.C also failed in view o the order of acquittal under S. 337 I.P.C and in support of that view he relied upon an nreported decision of this court in Homi Jehangir Lali v. State criminal Appl. No. 672of 1951 /- 1.10.1951 Agaist the order of acquital for the offence under S. 279 I.P.C the State has appealed to this court.

(2) Section 279 I.P.C penalises rash driving or riding on a public way. A person who drives any vehicle or rides on any publi way in a manner so rash or negligent as to endanger human life,

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