1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3439 OF 2005 CRIMINAL APPLICATION NO. 3439 OF 2005 CRIMINAL APPLICATION NO. 3439 OF 2005 The State of Maharashtra .... Applicant Versus Ashwinkumar Chandrakant Sonawane .... Respondent Mr. S.R. Shinde, APP for the Applicant CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. DATE : 8TH DECEMBER 2006 DATE : 8TH DECEMBER 2006 DATE : 8TH DECEMBER 2006 P.C. 1) Heard learned APP for the State. The acquittal of the Respondent is for the offences punishable under Sections 279, 304-A of the Indian Penal Code. I have perused the impugned Judgment, as well as the record and proceeding. There is no eye witness to the incident. There is no evidence on record to show that vehicle was being driven by the Respondent in rash and negligent manner. The view taken by the learned Judicial Magistrate First Class is certainly a possible view which could have been taken on the basis of the evidence on record. No case is made out. Application is rejected. 2 (A.S. OKA, J.) (A.S. OKA, J.) (A.S. OKA, J.)