1 APPLN-4594.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4594 OF 2010 The State of Maharashtra .... Applicant Vs. Sallauddin Babalal Makandar .... Respondent Shri J.P. Kharge, APP, for the Applicant. CORAM: R.C. CHAVAN, J. DATED: JUNE 10, 2011 P.C: 1. This is an application for leave to file appeal against the judgment of acquittal rendered by the learned Judicial Magistrate, First Class, Ajara, District Kolhapur in S.C.C. No.160 of 2009 whereby he acquitted the respondent for the offences punishable under Sections 304-A, 279, 337 and 338 of the IPC and Sections 134 and 184 of the Motor Vehicles Act. The learned APP is right in submitting that the eye-witness account of PW-2 Uttam Krishna would show that the tempo driven by the respondent dashed against the victim, but that in itself would not be sufficient to prove rashness or negligence. It is unfortunate that the 2 APPLN-4594.10 panchnama of the spot, copy whereof was made available for my perusal by the learned APP, was drawn up in a most casual manner and it does not indicate the actual place where the accident took place. It does not show whether the accident took place on the tar road or whether on the shoulder and if yes, on what portion of the road. Therefore, it cannot be said that the view taken by the learned Magistrate was perverse or improbable. Therefore, leave refused. Appeal is dismissed. 2. The learned APP may, however, send the copy of the panchnama to the Superintendent of Police, Kolhapur, so that in future such panchnamas would not be drawn up. (R.C. CHAVAN, J.)