STATE Vs. DEEPAK GAONKAR S/O. GUNO GAONKAR

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order passed by the learned Judicial Magistrate First Class, Sanguem in Criminal Case No. 3/S/2009.

(2.) The said Criminal Case was culmination of a charge sheet filed by Curchorem Police Station against the respondent (accused) alleging that on 22/04/2008 at 11.30 hours at Ambeudak Sanvordem, the respondent drove a Tipper Truck bearing registration no. GA-01-W-6952 in rash and negligent manner endangering human lives and gave dash to on coming Hero Honda Passion Motorcycle bearing no. GA-09-B-3357 thereby causing grievous hurt to the rider of the Motorcycle namely Prakash Yadav. The respondent( accused) was charged for the offence punishable under Sections 279 and 338 of Indian Penal Code, 1860.

(3.) In order to prove the charge, the prosecution examined eight witnesses. PW1 Abhay Naik, who was Motor Vehicle Inspector, at the relevant time, had inspected the Truck and the Motorcycle and had issued the Accident Report Forms, which are part of Exhibit C-10 colly. PW 2 - Prakash Yadav is the injured. PW-3 Viresh Myageri acted as one of the panch witnesses for the panchnama of the scene of accident and sketch, which are at Exhibit C-13 colly. PW.4 Niedade Antao is the owner of the said Truck which met with the accident. PW 5- Dr. Megha Kudchadkar, the Medical Officer at the Curchorem Public Health Centre, examined the injured Prakash Yadav and issued Hurt Certificate, which is Exhibit C-15. PW 6 Mohan Naik was proceeding towards Sanvordem side by his motorcycle at the time of accident and had shifted PW2 to the hospital. PW 7 - Pedro Antonio Fernandes, the Assistant Sub-Inspector of Curchorem Police Station and PW8 Prakash Naik, the Head Constable attached to the same Police Station are the investigating officers.