ZAMIR KHAN Vs. STATE

JUDGEMENT

(1.) By this Criminal Revision Application, the Applicant, who is the original Accused, has challenged the Judgment and Order dated 07.01.2010, passed in Criminal Appeal No. 111/2009, by the learned Addl. Sessions Judge, Panaji. By the said Judgment and Order, the learned Addl. Sessions Judge has confirmed the Judgment and Order dated 29.07.2009, passed by the learned J.M.F.C, Mapusa, Goa, convicting the Accused for the offences punishable under Section 279 and 304-A of the I.P.C. and Section 134(a) of the Motor Vehicles Act. The accused is sentenced to undergo simple imprisonment for a period of two months for the offence punishable under Section 279 of I.P.C. and further sentenced to undergo simple imprisonment for a period of one year for the offence punishable under Section 304-A and is also sentenced to undergo simple imprisonment for a period of one month for the offence punishable under Section 134(a) and, in default, to pay fine of Rs.500/-. There are concurrent findings of fact recorded by the Courts below.

(2.) The parties would be referred to as per their status in the Trial Court.

(3.) The FIR is in respect of the incident that took place on 21.03.2008. It is the prosecution's case that on 21.03.2008, at about 20.00 hours at Bodgini, Mapusa, the accused drove his rickshaw bearing no.GA-02/6921 from Parra to Mapusa, in a rash and negligent manner and when he reached at Bodgini Temple, at Mapusa, he dashed against the scooter of which the rider was one Sameer Narayan Gad, who was proceeding on the two wheeler bearing no.GA-03/M-4724 in the opposite direction towards Mapusa. On account of the dash, the said Scooter driver sustained grievous injuries and resultantly died in the hospital.