WILSON GILBERT VIEGAS Vs. STATE

JUDGEMENT

(1.) ADMIT. By this criminal revision petition, the accused challenges his conviction under sections 279, 338 of Indian Penal Code, imposed upon him by the learned JMFC, by judgment and order dated 22.10.2009 in criminal case no.17/S/08/C and affirmed by learned Additional Sessions Judge by judgment/Order dated 15.4.2010.

(2.) THERE is no dispute that the accused was driving a bus bearing no.GA-02-T-4555 and was going down the slope in the direction from Ponda to Panaji on 18.12.2007 at about 11.30a.m when the accident took place and as a result thereof PW2 Safal Ghoro who was coming from the side road, on the left of the said Ponda Panaji road riding his activa honda scooter bearing registration no. GA-05- A-2334 was injured on his left shoulder and on his left leg and house of Vishun Jalmi which was also lying on the left hand side of said Ponda Panaji road was damaged.

(3.) SHRI C. A. Coutinho, learned counsel appearing on behalf of the petitioner/accused has submitted that evidence which prosecution have produced only suggests failure of brakes of the bus at the time of accident and there was no other evidence to suggest that accused had driven the said bus in a rash or negligent manner. In this regard, learned counsel has referred to the evidence of four witnesses, besides that of investigating officer, examined by the prosecution. Learned counsel have also submitted that the State had not filed any appeal against sentence imposed by the learned Magistrate and therefore learned Additional Sessions Judge could not have reduced the sentence of imprisonment imposed upon the accused and lien thereof give compensation of Rs.1,00,000/- to PW2 Safal Ghoro.