JUDGMENT :

Vibha Kankanwadi, J.

Present appeal has been filed by the original accused, challenging his conviction in Sessions Case No. 14 of 2011 recorded by the Additional Sessions Judge, Nandurbar, on 28.04.2016, after holding him guilty of the offence punishable under Section 302 of the Indian Penal Code.

2. The prosecution has come with a case, that informant P.S.I. Latif Tadvi was attached to Highway Security Unit, Visarwadi, Taluka Navapur, District Nandurbar. He along with other police persons were present for regulating traffic on highway of Dhule to Surat near Kondaibari Ghat at about 08.00 a.m. on 07.12.2010. He received an information at about 09.45 a.m., when he along with his staff was in government vehicle, that there was traffic jam in the Ghat section. Therefore, they went there and cleared the traffic. Thereafter, they were coming towards Navapur and halted near Highway Tab Police Chowki around 10.30 a.m. They found that container truck bearing No. GJ-23/U-3703 coming from Sakri by cutting lane in the Ghat section i.e. by overtaking other trucks in high speed. They also found that the driver of the container had not put safety belt. He had also not put his Khaki unifo