1 CA-3133.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3133 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra .... Applicant Vs. Ananda Pundlik Gurav .... Respondent Ms S.D. Shinde, APP, for the Applicant- State. CORAM: R.C. CHAVAN, J. DATED: FEBRUARY 23, 2011 P.C: This is an application for leave to file appeal against the judgment of acquittal rendered by the learned J.M.F.C., Kagal, District Kolhapur, whereby he acquitted the respondent of the offences under Sections 279, 337, 338 and 429 of the IPC. The learned APP submits that the respondent was driving a S.T. bus in a rash and negligent manner. The bus gave a dash to a bullock-cart from the rear and an occupant of the bullock-cart, a lady, fell down from the bullock-cart and was injured. One of the bullocks died and the other was injured. Presuming all this to be correct, the learned 2 CA-3133.10 Magistrate has rightly observed that there is no evidence to show that the accident occurred because of rash and negligent driving of the respondent. The witnesses state that there was fog and the visibility was near zero. The road was also slippery. It is not shown that the bullock-carts were carrying any lantern or so to show to the driver that there was a bullock- cart in the front. In any case, there is no witness to show that in spite of the fog, the respondent was driving the bus recklessly in high speed. The view taken by the learned Magistrate cannot be said to be perverse. Hence, leave refused. The appeal is dismissed. (R.C. CHAVAN, J.)