1 APPLN-601.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.601 OF 2011 The State of Maharashtra .... Applicant Vs. Balappa Bhimappa Magdum .... Respondent Ms M.M. Deshmukh, APP, for the Applicant- State. CORAM: R.C. CHAVAN, J. DATED: JUNE 21, 2011 P.C: This is an application for leave to file appeal against the respondent's acquittal for the offences punishable under Sections 304-A, 279, 337, 338 and 429 of the IPC and under Sections 134, 184 and 124 of the Motor Vehicle Act. Only one witness was examined at the trial who was one of the two pillion riders on the M-80 motorcycle driven by the respondent after the trio had been to a dhaba and were returning to their village. Merely because an accident has occurred and one of the pillion riders has died, it cannot be said that the respondent drove the motorcycle in a rash or negligent manner so as to endanger human life 2 APPLN-601.11 or caused the death of the victim. Even the I.O. in the case could not be examined. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)