STATE OF GOA Vs. MAHESH KASAR

JUDGEMENT

(1.) HEARD Mr. Rivonkar, learned Public Prosecutor for the appellant and Mr. Mashelkar, learned Counsel for the respondent.

(2.) THIS appeal is directed against the judgment and order dated 25/11/2009 passed by the Judicial Magistrate, First Class, Panaji in Criminal Case No.102/06/D/C acquitting the respondent of the offences punishable under Sections 279 and 338 of I.P.C.

(3.) IT was also his case that PW2 drove his motorcycle on wrong side and came towards the Maruti Van driven by the accused and the accused applied brakes before crossing the dividing line of the road but the PW2 gave dash by his motorcycle. Learned Magistrate, upon appreciation of the evidence, held that rashness and negligence on the part of the accused, was not proved and consequently, acquitted the respondent/accused of the offences for which he was tried.