STATE OF GOA Vs. DINESH RAIKAR

JUDGEMENT

(1.) HEARD Mr. Lawande, learned Additional Public Prosecutor for the appellant and Mr. Kamat, learned Counsel for the respondent.

(2.) BY this appeal, the appellant takes exception to the judgment and order dated 30.09.2009 passed by the learned Judicial Magistrate First Class, Canacona in Criminal Case No. 41/S/07, acquitting the respondent of offences punishable under Sections 279, 304-A of the Indian Penal Code and Section 134(a) and (b) of Motor Vehicle Act.

(3.) IN Criminal Case No. 41/S/07, the prosecution examined nine witnesses and produced several documents to prove rashness and negligence on the part of the accused. The statement of accused under Section 313 of the Code of Criminal Procedure was recorded. The accused examined himself as DW-1 and Pandhari Dessai as DW-2. The learned Magistrate upon appreciation of evidence, held that the offences alleged against the accused, were not proved and consequently, acquitted the accused.