1 APPLN-5843.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.5843 OF 2009 The State of Maharashtra .... Applicant Vs. Dattatraya Pandurang Jadhav .... Respondent Smt. S.V. Sonawane, APP, for the Applicant. CORAM: R.C. CHAVAN, J. DATED: DECEMBER 14, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent of the offences punishable under Sections 304- A, 279 and 337 of the IPC and Section 184 of the Motor Vehicles Act. The prosecution case was that the respondent drove his motorcycle in a rash and negligent manner and gave a dash to motorcycle bearing No.MH-19-D-5826 which was being driven by Tejpal Mali. He died as a result of the accident. The pillion rider on the same motorcycle Rajendra Dhulugade was injured. The prosecution dropped Rajendra as a witness, though Rajendra would have been the best witness to state as to how the accident 2 APPLN-5843.09 occurred. The two witnesses examined to prove the accident stated that due to darkness they did not know as to how the accident occurred or that they had actually not seen the accident. In view of this, it cannot be said that the view taken by the learned Magistrate was perverse or improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)