SAGAR LOLIENKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. R. Menezes, learned counsel for the Appellant, and Mr. Sagar Dhargalkar learned Additional Public Prosecutor for the Respondent.

(2.) The Appellant appeals the judgment and order dated 30.09.2014 in Sessions Case No.19/2013 made by the Additional Sessions Judge, South Goa, Margao, convicting the Appellant for offences under Sections 279, 304-A of Indian Penal Code (IPC) and under Section 3 read with Section 181 of the Motor Vehicles Act, 1988 (M.V. Act ) and sentencing him with simple imprisonment of two months and fine of Rs. 1000/- for the offence under Section 279 of IPC; simple imprisonment for two years and fine of Rs. 10,000/- for the offence under Section 304-A of IPC; and to pay fine of Rs. 500/- or in default to undergo simple imprisonment of 10 days for the offence under Section 3 read with Section 181 of the M. V. Act.

(3.) The prosecution alleges that the Appellant ( Accused ) on 13.02.2013 at 17.45 hours while proceeding from Tilamol side to Zambaulim which is a public way drove his Wagon-R bearing registration No. GA-09-A-6921 in a rash and negligent manner and committed a culpable homicide not amounting to murder, by causing the death of Manohar Shetkar. The prosecution also alleged that the accused was driving the said Wagon-R under the influence of alcohol and without holding an effective driving licence issued by the competent authority and therefore, committed an offence under Sections 279, 304(II) of IPC and Sections 3, 181 and 185 of the M. V. Act.