In the present case, except the bare words of 2
witnesses, who are interested witnesses, that the bus was in
high speed, there is no evidence to show that the bus was
driven rashly and negligently by the applicant. The Courts
below ought to have extended benefit of doubt to the
applicant. Accordingly, the said benefit is extended in favour
of the applicant and the Judgment and the Order of
conviction dated 03/04/1996 passed by the learned J.M.F.C.,
and the Order of conviction dated 01/02/2002 passed by the
learned Additional Sessions Judge, Nanded in Criminal
Appeal 33/1996 are hereby quashed and set aside.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 45 OF 2002
Gundappa Madolappa Samangave
V E R S U S
The State of Maharashtra
CORAM : V.M.DESHPANDE, J.
DATE OF JUDGMENT : 12 th JANUARY, 2015
Citation;2015 ALLMR(CRI)1060
