ANAND NAMDEV NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) By this Revision Application, the Applicant is challenging concurrent orders passed by the Judicial Magistrate First Class and the Sessions Court, whereby the Applicant has been convicted under Ss. 279 and 338 of the Indian Penal Code (IPC) and Sec. 3 of the Motor Vehicles Act, 1988. The Magistrate imposed a sentence of undergoing Simple Imprisonment for one month each under Sec. 279 and 338 of the IPC, with the sentences running concurrently and to pay fine of Rs.1,000.00 on each count. Being convicted under Sec. 3 of the Motor Vehicles Act, 1988, the Applicant was directed to pay a fine of Rs.100.00.

(2.) The incident in question in the present case, took place on 1/4/2011 at about 4.45 p.m. at Moira, Bardez, Goa, when the Applicant while riding a bullet motorcycle, without a driving licence, dashed against TVS Scooty being driven by the original Complainant/victim. As a consequence of the aforesaid accident, the Complainant suffered injuries due to which he had to be hospitalised.

(3.) Upon a First Information Report (FIR) being registered, investigation was undertaken and chargesheet was filed. The prosecution examined nine witnesses, including the victim/Complainant and the Doctor. On the basis of the oral and documentary evidence on record, the Court of the Magistrate convicted and sentenced the Applicant in the aforesaid manner.