1 appln 5271 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5271 OF 2010 The State of Maharashtra .. Applicant -versus Sanjay Bhanudas Sawant .. Respondent. Mr. S.A. Shaikh, for the Applicant. CORAM: R.C. CHAVAN, J. DATED: 9th June, 2011 P.C. 1. This is an application for leave to file appeal against the judgment of acquittal of the respondent rendered by the learned Judicial Magistrate First Class, Wai, District: Satara, for the offences punishable under Sections 279, 337, 304(A) of the Indian Penal Code and section 146 and 196 of the Motor Vehicles Act. The victim was pillion rider holding idol of Lord Ganesh in his hand. The motor cycle was being driven by one Satish Raghunath Gurav P.W.3. He noticed the motorcycle driven by the accused coming from behind in his right rear mirror. He admits that at the spot his vehicle as well as vehicle coming from behind must have gathered speed because there was a slope. Inspite of seeing the vehicle in the right rear mirror, P.W.3 took right turn and the vehicle coming from behind driven by the accused dashed the pillion rider 2 appln 5271 of 2010 who was injured and ultimately succumbed to his injuries in the hospital. The learned Magistrate, therefore, cannot be said to have erred in holding that the charge against respondent for driving the vehicle rashly or negligently was not proved as the accused might have attempted to overtake the vehicle when the vehicle driven by P.W.3 Satish suddenly took right turn. The judgment cannot be called to be perverse to call for any interference. The application is, therefore, rejected. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)