REMEDIOS VAZ Vs. STATE OF GOA

JUDGEMENT

(1.) THE Applicant has filed the present Criminal Revision Application under Section397 of the Code of Criminal Procedure assailing the Judgment of the Sessions Judge, Panaji, dated14th August, 2001, dismissing his Appeal and maintaining his conviction for an offence punishable under Sections 279/304-A and 338 of the Indian Penal Code, under Section134 (a) (b) and under Section3 of the Motor Vehicles Act, 1989, confirming the conviction and sentence as passed by the Judicial Magistrate, First Class, Mapusa, on24th January, 2001, in Criminal Case No. 167/97/sr.

(2.) THE brief facts necessary for the decision of the Criminal Revision are set out hereunder: - THE Applicant, who was the original Accused before the learned Judicial Magistrate, First Class at Mapusa, in Criminal Case No. 167/97/sr was prosecuted for the aforesaid offences on the allegation that on7th August, 1997, at about6. 00 p. m. , the Applicant, who was driving a vehicle known as Tata Sumo jeep, bearing registration No. GA-02-A 9064, while proceeding towards Calangute from Porvorim, drove the said vehicle in a rash and negligent manner and dashed against a pedestrian girl by name Vandana Goel, aged 21, resulting in her death and also dashed against a Kinetic Honda scooter bearing No. GA-01-F-0229 causing grievous injuries to its rider Luis D'souza. THE said accident occurred at Sangolda on Chogam road. THE Applicant was alleged to have fled away from the scene of the accident.

(3.) THE Accused in his statement under Section313 of Criminal Procedure Code in response to Question No. 17 had stated that he had nothing to say in the matter and a false case had been lodged against him.