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1971 Supreme(SC) 612

D.G.PALEKAR, P.JAGANMOHAN REDDY
Mahadeo Hari Lokre – Appellant
Versus
State Of Maharashtra – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with references:

  • The case involves an appeal against a conviction under Section 304-A of the Indian Penal Code, relating to causing death by negligence (!) (!) .

  • The incident occurred when Ravikant Vasant Mhatre was fatally hit by a bus while crossing the road, with conflicting accounts regarding whether he was walking along the road or crossing from west to east [1000148540001] (!) .

  • Witness testimony indicates Ravikant was walking in front of the bus at the time of impact, but there is inconsistency about his exact position and movement at the moment of the accident [1000148540003].

  • The driver of the bus was not driving at high speed and was on the correct side of the road; the accident was possibly caused by Ravikant crossing suddenly without noticing the bus [1000148540002][1000148540003].

  • The court found that if Ravikant crossed the road suddenly without regard for approaching vehicles, the bus driver could not be held negligent, especially if the driver was driving cautiously and within speed limits [1000148540003].

  • The appellate court concluded that the evidence did not establish negligence on the part of the driver and therefore set aside the conviction, resulting in the appellant’s acquittal and the refund of any paid fines (!) (!) .

Please let me know if you need further analysis or assistance.


Judgment

PALEKAR, J.:- This appeal by special leave arises out of an order of conviction and sentence passed by the learned Presidency Magistrate, IV Court, Giragaum, substantially confirmed in appeal by the High Court of Bombay. The appellant was convicted under Section 304-A, IPC and sentenced to one year s rigorous imprisonment and a fine of Rs.2,000/-. In appeal the fine was reduced to Rupees 1,500/-.

2. The facts are that the deceased Ravikant Vasant Mhatre and his friend Vijay Kumar, P.W.2 were standing at the Western corner of the first Panjrapole Lane, C. P. Tank Road eating pan at a Pan Shop at about 11.00 P.M. on 18-10-1966. The C.P. Tank Road runs from South to North and is about 40 wide. The first Panjraploe Lane meets it on the Eastern side as shown in the sketch Ext. D. The two friends may be taken to be roughly standing near about the point B in the sketch. After eating pan, Ravikant said that he would go home, for which purpose, it appears, he first crossed over to the Western side of the C.P. Tank Road. P.W.2 Vijay Kumar lost sight of him but about half a minute later he heard a commotion. So he turned back and saw that a double decker Bus of the B.E.S.T. was standi





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