- 1 - CR.APPLN.1388.2011 dik IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE – CRIMINAL CRIMINAL APPLICATION NO.1388 OF 2011 (for Leave to Appeal) The State of Maharashtra ...Applicant vs Sagar Narendra Apraj ... Respondent Ms. R.M.Gadhavi, APP for the applicant. CORAM: R. C. CHAVAN, J. DATED: 21st December,2011 P. C: This is an application for leave to file appeal against acquittal of the respondent by the learned J.M.F.C. Devgad for the offences P/u/s 304­A, 279, 337, 338 of Penal Code. Ten year old boy died at the spot due to injury to his skull caused on the dash by motorcycle driven by the respondent. The most important factor which prevailed upon the Learned Magistrate to acquit the accused was that I.O. could not clarify as to how he found that the respondent was driving the motorcycle. P.W.7 Chandrashekhar had actually stated that on the day of the incident, he heard noise of accident, came out of the shop and found victim lying in injured condition and respondent riding the motorcycle. This should have - 2 - CR.APPLN.1388.2011 been enough for the Learned Magistrate to conclude as to who was riding the motorcycle. Judgment requires re­consideration. 2. Leave granted. Admit. 3. Call R & P. Action U/s 390 of Code of Criminal Procedure. ( R. C. CHAVAN, J. )