IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1055 OF 2007 THE STATE OF MAHARASHTRA ..APPLICANT V/S ANANDA KHASHABA BANSODE ..RESPONDENT MR. Y.M. NAKHAWA, APP FOR THE STATE. CORAM: V.M. KANADE, J. CORAM: V.M. KANADE, J. CORAM: V.M. KANADE, J. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. DATE : 6TH FEBRUARY, 2008. P.C. 1. Heard learned APP for the State. The State is challenging the Judgment and Order passed by the Addl. Chief Metropolitan Magistrate, 4th Court, Girgaon, Mumbai dated 5th December, 2005. By the said Judgment and Order the trial court was pleased to acquit the accused for the offence punishable under section 304(A) of the Indian Penal Code. 2. The prosecution case is that the accused was driving the bus and he gave dash to the motor cycle of the deceased as a result of which he sustained injuries and thereafter he succumbed to the said injuries in the hospital. Prosecution has examined one Subhash Wanigota as P.W. 1 who is the complainant. It is admitted position that Mr. Mohammed Siddiqui - P.W. 2 is an eye witness who has alleged to have witnessed the said incident. This witness has stated that one bus gave dash to one motor cycle which was running ahead of the bus. The motor cycle rider fell on the road. He gave the number of the bus. It is admitted position that no identification parade was held by the prosecution and this eye witness has identified the bus driver for the first time in the court. No particulars have been given by this witness regarding the incident. Trial Court has therefore disbelieved the evidence of this witness. No case is made out for grant of leave to file appeal. Leave is refused. ---- (V.M. KANADE, J) (V.M. KANADE, J) (V.M. KANADE, J)