1 crapn2244.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2244 OF 2010 The State of Maharashtra, Through Police Station, Shivaji Nagar, Nanded. ...APPLICANT VERSUS Shivprasad s/o Gulabchand Surana, Age: 35 years, Occ: Architect, R/o. Farffandenagar, Nanded. ...RESPONDENT ... Mrs. Yogita M. Kshirsagar, A.P.P. for applicant. Mr. G.R. Sayed, Advocate for respondent sole. ... CORAM: S.S. SHINDE, J. DATE : 22ND FEBRUARY, 2011 PER COURT : Heard learned A.P.P. for the applicant and learned Counsel for the respondent. 2. The facts of the prosecution case, as stated before the trial Court, appears to be that 2 crapn2244.10 two vehicles collided to each other. Indica Car was coming from opposite side and the complainant was on motor cycle, was coming from other side and as such, front side of the Indica Car dashed the motor cycle of the complainant. However, in the cross examination of the complainant himself, he has stated that Indica Car was also going towards Khobragade Nagar from Annabhau Sathe Chowk. The complainant was also travelling towards Khobragade Nagar. 3. Therefore, the trial Court in Para-5 of the impugned judgment, has reached to the conclusion that when P.W. 1 in his evidence admits that the complainant and accused were proceeding towards the same direction i.e. Khobragade Nagar. In such circumstances, dash to the front side is not possible and therefore, the entire evidence of the complainant becomes suspicious. Therefore, the trial Court has acquitted the respondent. 4. In my opinion, the conclusion drawn by 3 crapn2244.10 the trial Court is in consonance with the evidence of P.W. 1 and also other prosecution witnesses. The trial Court also observed that that, P.W. 4 arrived on the spot subsequently and perhaps, he has not seen the incident. In this view of the matter, no case is made out. Hence, the application seeking leave to appeal stands rejected. 5. Original Record and Proceedings be sent to the concerned Court, forthwith. [ S.S. SHINDE, J.] sut/feb11/crapn2244.10