((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 1997 The State of Maharashtra Appellant versus Mohan Ramchandra Thorat Respondent Ms.A.T.Javeri, APP for the appellant State. Navin B. Shah for the respondent. CORAM : A.S.OKA, J. DATE : 17th March 2009 JUDGEMENT : 1. Heard learned APP in support of the appeal. I have also heard learned counsel for the respondent. The respondent was prosecuted for the offences under section 279 and section 304(A) of the Indian Penal Code and section 184 of the Motor Vehicles Act, 1988. The allegation against the respondent is that the respondent who was at the relevant time a driver of Maharashtra State Road Transport Corporation (MSRTC) bus was driving the bus in a rash and negligent manner as to endanger the human life. The incident took place in front of MSRTC bus stop at Village Ambegaon at Vita-Karad Road. The allegation against the ((-2-)) respondent is that the bus driven by him gave a dash to one Janabai Maruti Kadam who ultimately succumbed to the injuries sustained in the accident. The learned APP has taken me through the notes of evidence and other relevant documents on record. Her submission is that the evidence of the prosecution witnesses established that the respondent was driving the bus in a rash and negligent manner with the full knowledge that it was likely to endanger the human life or it will cause hurt or injury to any person. She submitted that the impugned order is perverse. Learned counsel for the respondent supported the impugned order. 2. I have given careful consideration to the submissions of learned counsel. I have perused the notes of evidence and other material on record. The prosecution examined six witnesses. The first witness Sunanda Vishnu Gaikwad is the sister-in-law of the deceased who claims to be an eye witness. PW-2 is one Vishnu Gaikwad who is the brother of the deceased Janabai and he also claims to be an eye witness. PW-3 is Mahipati Kulkarni who was a passenger travelling in the bus driven by the respondent. PW-4 Rajaram Sabale is panch ((-3-)) witness. PW-5 Bhausaheb Jadhav is also a panch witness. PW-6 Balu Shinde is the Police Constable attached to the concerned police station. 3. A perusal of the evidence of PW-1 and PW-2 shows that on 10th February 1993 at about 7.00 p.m. both of them alongwith deceased Janabai were travelling by MSRTC bus. At Ambegaon bus stop at about 7.30 p.m., they got down from MSRTC bus. After ten minutes one MSRTC bus came from the side of Vita in a high speed. According to PW-1 at that time Janabai had crossed the road and had reached the opposite side of the road. The said Janabai was desirous of going to Pune and therefore she was required to cross the road for reaching the bus stop. They deposed that the bus driven by the respondent which came from Vita gave a dash to the deceased. The bus was proceeding from Vita to Mumbai. After the incident, the respondent stepped down from the bus. With the help of conductor and passengers the respondent took Janabai to Rural Hospital. From Rural Hospital, as per the advise of the medical officer she was shifted to the Civil Hospital where she succumbed to the injuries. In the ((-4-)) cross examination PW-1 admitted that it is not mentioned in the police statement that ten minutes after they got down from a bus, Vita-Mumbai bus driven by the respondent came there. She also admitted that in her police statement it is not mentioned that Janabai had already crossed the road. In the cross examination PW-1 stated thus :- "... ... It is true that Janabai step down out of Wadiyeraibag S.T.bus and went towards back side of said S.T.Bus she hurriedly started crossing the road and dashed to Vita-Mumbai S.T.Bus." 4. PW-2 Vishnu has also stated that his sister Janabai had already crossed the road when she was given a dash by the bus driven by the respondent. This witness has not even stated that the bus was being driven in a high speed or in a rash and negligent manner. 5. PW-3 was travelling in the bus driven by the respondent. He stated that the bus was in its normal speed. He stated that the bus came near Ambegaon bus stop where he heard a sound and the bus was stopped. The driver informed the passengers that the bus has given a dash to a lady. In the cross examination the witness has stated thus :- ((-5-)) "... ... At that time, the passengers were stepping down from said Wadiyeraibag bus. When our bus came near Ambegaon bus stop at that time, suddenly one lady came from behind the Wadiyeraibag bus and suddenly came across to our bus. She was running Hence, she sustained slight dash of S.T.Bus and fall down towards south side of bus. It is true that Vita Mumbai S.T.Bus was slow in speed. It is true that the accident was caused as the lady suddenly rushed towards our bus." 6. PW-1 has not stated that the respondent was driving the bus in a rash and negligent manner. She has stated that the speed of the bus was fast. PW-3 has neither stated that the bus was driven in a fast speed nor the same was driven in a rash and negligent manner. Moreover, PW-1 admitted that after Janabai stepped out of the S.T.bus she went towards the rear side of the said bus and she hurriedly started crossing the road. At that time a dash was given by the bus driven by the respondent. PW-3 has stated that the bus was in its normal speed. He further stated that when the bus came near Ambegaon the bus stopped and suddenly a lady came behind the Wadiyeraibag bus across the bus in which he was travelling. In the cross examination he reiterated that the bus was in slow speed and that the accident occurred as the lady suddenly rushed towards the bus. ((-6-)) 7. Thus, the prosecution has not established that the bus was being driven in a rash and negligent manner by the respondent. Evidence of the prosecution witnesses suggests that the deceased after she got down from the bus hurriedly attempted to cross the road from rear side of the bus. Infact, PW-3 has stated that while attempting to cross the road Janabai was running. The said witness stated that the bus driven by the respondent was in a slow sleep. 8. The learned Judge has also referred to the scene of the offence panchanama. If evidence of the prosecution is considered, the finding recorded by the learned Judge that the prosecution has failed to establish that the respondent was driving the bus in a rash and negligent manner is certainly a possible finding which could have been recorded on the basis of evidence on record. It cannot be stated that the view taken by the learned Judge is an impossible view. Infact, the view taken by the learned Judge is certainly a possible view which could have been taken on the basis of appreciation of the evidence on record. Even assuming that another view can be taken on ((-7-)) the basis of same evidence, that is no ground to interfere in an appeal against acquittal. It is well settled that the order of acquittal further strengthens the presumption of innocence. It is well settled law that if two views are possible, the one in favour of the accused has to be accepted. There are no compelling reasons to interfere with the order of acquittal. 9. Accordingly, the appeal is dismissed. (A.S.OKA, J.) ((-8-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2958 OF 1997 IN CRIMINAL APPEAL NO.574 OF 1997 The State of Maharashtra Appellant versus Mohan Ramchandra Thorat Respondent Ms.A.T.Javeri, APP for the appellant State. Navin B. Shah for the respondent. CORAM : A.S.OKA, J. DATE : 17th March 2009 PC : 1. Heard learned APP for the State and learned counsel for respondent. Sufficient cause is made out. Delay is condoned. (A.S.OKA, J.) ((-9-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 1997 The State of Maharashtra Appellant versus Mohan Ramchandra Thorat Respondent Ms.A.T.Javeri, APP for the appellant State. Navin B. Shah for the respondent. CORAM : A.S.OKA, J. DATE : 17th March 2009 JUDGEMENT : 1. For the reasons separately recorded, the appeal is dismissed. (A.S.OKA, J.)