1.This is an Appeal against acquittal under Section 378 (1) of the Code of Criminal Procedure against the impugned Judgment and Order dated 7th February, 2011 passed by the learned 8th Judicial Magistrate, First Class, Sangli in Summary Criminal Case No.1144 of 2009, thereby acquitting the Respondent for the offence punishable under Sections 279 , 337, 338, 304-A and 427 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act .

2 Heard Mr. Hulke, learned APP for the State. Respondent is absent, despite service. Perused the entire record.

3 It was the prosecution case that, on 11th March, 2009 at about 10.30 p.m. on Sangli-Dudhagaon Road, Near Laxmi Junction, the Respondent gave dash of his Hero Honda Motor-Cycle bearing No. MH-10 X-2011 to the Motor-Cycle of deceased, Hindurao Nalawade bearing No. MH-02 V-1457 of Hero Honda make, from its rear end. Due to the said dash, Hindurao Nalawade fell down and received injuries. He was taken to hospital by his brother Ananda Nalawade. Hindurao Nalawade succumbed to injuries while undergoing medical treatment. The intimation of admission of Hindurao Nala