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2017 Supreme(Bom) 205

PRAKASH D.NAIK
State of Maharashtra – Appellant
Versus
Suresh Vitthal Mule – Respondent


Advocates Appeared:
For the Appellant-State : Mr. P.H. Gaikwad
For the Respondent: Mr. S.B. Shetye

JUDGMENT :

1. Heard learned APP for Appellant-State and learned counsel for the Respondent. This appeal has been preferred by invoking Section 378(1) of Code of Criminal Procedure, 1973 (‘Cr.P.C.’) against judgment and order dated 16 April 1999 passed by Judicial Magistrate, First Class, Rajapur in Summary Criminal Case No. 224 of 1996.

2. The Respondent-accused was tried for the offences punishable under Sections 279, 337, 338 of Indian Penal Code (‘IPC’) and Section 184 of Motor Vehicles Act. The proceedings were conducted in accordance with summary procedure as envisaged under Chapter-XXI of Cr.P.C.. By judgment and order dated 16 April 1999, the Trial Court has acquitted the Respondent-accused under Section 255(1) of Cr.P.C. for the offences under Sections 279, 337, 338 of IPC and Section 184 of Motor Vehicles Act.

3. Brief facts of the prosecution case are as follows :

(a) On 18 December 1995, the injured person Smt. Vasanti Paranjape was sitting on the platform at Mahakali bus stop which is situated at Bengi to Kasheli road. The daughter of the injured person namely Pournima was also accompanying her;

(b) The trax vehicle driven by accused came from the eastern direction and was g

























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