ORAL JUDGMENT:

This is a State's Appeal and is directed against Judgment/Order dated 31-8-2007 by which the Respondent (Accused, for short) has been acquitted under Sections 279 and 304-A IPC.

2. There is no dispute that the accident took place on 27-1-2006 at about 20.15 hours on the National Highway-17 near Mahadev Temple at Tembawada, Ugavem, about 3 kms. before reaching Patradevi border police out-post, as the accused was proceeding towards Patradevi, driving his bus known as 'Almeida Bus' bearing No. GA-01-Z-6794. In the said accident, death was caused of Tulshidas Mahale, aged 45 years. The accused did not wait at the scene but went to the said out-post and surrendered to the police.

3. The accused was charged and tried with the allegation that the death of the said Tulshidas Mahale was caused due to his rash and negligent driving. The prosecution had examined eight witnesses in support of the charge.

4. The case of the accused was that one KTC bus was standing on the road but he did not know where the said Tulshidas Mahale got down from the said KTC bus but when he reached at the spot, one person suddenly crossed the road, gave a dash to his bus as a result he fe