Mumbai: The Additional Chief Metropolitan Magistrate court in Sewri has acquitted, for lack of evidence, a 46-year-old private bus driver who allegedly caused the death of a four-month-old child being nursed by his mother near the Dadar flower market.
As per the prosecution’s case, Arvindkumar Harijan, was driving rashly near the market when a big stone was flung by a wheel of the bus, hitting the infant on his head. However, all four prosecution witnesses, including the mother, failed to recognise the accused.
Judge Jyoti Shirale held that the evidence like the spot panchnama and the post-mortem reports were in favour of the prosecution and supported the story that the child was killed by the hard blow of the stone. However, as none of the four witnesses could identify the accused, the crime could not be proved.
As per the prosecution’s case, the mother, Jyoti Bhongale, was visiting KEM Hospital on March 18, 2014, to seek medical treatment for her child. She was accompanied by her husband and her mother-in-law. At 6.30pm, when they were heading back home, they reached Meenatai Thackeray flower market, where Jyoti secured a corner to nurse the infant. It was only then, that a stone was flung by a bus allegedly driven by Harijan. He was arrested for causing death due to rash and negligent driving.