STATE OF GOA Vs. VAMAN RAMA SALGAONKAR

JUDGEMENT

(1.) THIS criminal appeal is filed by the State, being aggrieved by the judgment and order dated 4-5-1999, passed by the learned J. M. F. C. Mapusa in Criminal Case No. 50/94/c. The learned J. M. F. C. by the impugned judgment and order acquitted the accused, Vaman Rama Salgaonkar of the offences for which he was charged. The said accused was charged for the offences punishable under section 279 and section 304-A of the Indian Penal Code.

(2.) THE prosecution case can be briefly narrated as follows : On the fateful day, i. e. on 30-12-1993 at 08. 15 hours, near Bodgeshwar Temple, on Mapusa-Porvorim road, a fatal accident took place in which two young persons lost their lives. The said accident took place in between two vehicles - one heavy vehicle namely a Kadamba bus No. GA-01-0087 and a motor cycle No. GA-01-M-6447. The offending vehicle, that is the kadamba bus, was being driven by the accused Vaman Rama Salgaonkar and was going from Mapusa to Panaji, while the victims vehicle which was being driven by Shekhar Laxman Samant, and was coming from opposite direction, i. e. from Porvorim to Mapusa. There was a pillion rider also on the said motor cycle of Hero Honda make by name Deelip Arjun Revodkar. Driver Shekhar Samant was aged about 35 years, while pillion rider, Dilip Revodkar was about 30 years. The case of the prosecution is that this head on collision, between the two vehicles, took place on 30-12-1993 at 8. 15 hours in the morning, near Bodgeshwar Temple because of the rash and negligent driving of the accused, Vaman Rama Salgaonkar and because of this rash and negligent act of the driver of the Kadamba bus, the motor cycle driver Shekhar Samant and pillion rider Deelip Revodkar sustained grave and fatal injuries. According to the prosecution story, the kadamba bus was being driven in a fast speed. It was also overtaking a rickshaw which was in front of the said bus and while so overtaking the said rickshaw, the accused gave a dash to the motor cycle which was coming from opposite direction. Deelip flew in the road side field and fell on the pipe, while Shekhar was thrown and dashed against a pole which was fixed by the side of the road. P. W. 1, Ulhas Dharwadkar who was also proceeding along with his friend by name Prakash Naik (P. W. 2) on a motor cycle, to Mapusa saw the accident. Ulhas went to see as to what happened to the persons who were injured. They took both of them to Asilo Hospital by rickshaw. Thereafter, the injured persons were referred to Bambolim Hospital. On the next day, both of them succumbed to their injuries.

(3.) OFFENCES were registered by one Head Constable (P. W. 4 ). Thereafter, in due course, charge-sheet came to be filed in the Court of J. M. F. C. , Mapusa. When charges were framed against the accused/respondent herein under sections 279 and 304-A of I. P. C. , he denied the charges and claimed to be tried.