SUBBAYA BALACHANDA Vs. STATE

JUDGEMENT

(1.) The applicant/original accused, being aggrieved by his conviction under Sections 279, 304-A and 387 of the Indian Penal Code, has filed this revision challenging the Judgment and sentence passed by the Judicial Magistrate, First Class at Panaji, dated 8th May 2000, in Criminal Case No. 172/97/B and the Judgment in appeal passed by the IInd Additional Sessions Judge, Panaji, in Criminal Appeal No. 18 of 2000, dated 17th July 2002, confirming the conviction and sentence passed by the learned trial Court.

(2.) The brief facts which are necessary for the decision of this revision are stated hereunder:-

(3.) The substance of accusation was explained to the accused, who pleaded not guilty and claimed to be tried. The prosecution, in support of its case, examined 9 witnesses. The learned trial Court on consideration of the evidence, adduced by the prosecution, held the applicant/accused guilty as aforestated and convicted and sentenced him to fine of Rs. 1,000.00 in default three months simple imprisonment in respect of the offence under Sec. 279 of the Indian Penal Code, one year simple imprisonment in respect of the offence under Sec. 304-A of the Indian Penal Code and fine of Rs. 500.00 in default one month simple imprisonment in respect of the offence punishable under Sec. 337 of the Indian Penal Code. The learned trial Court had directed that from out of the fine amount, the amount of Rs. 1,000.00 shall be paid to the scooter driver Diago Miranda as compensation under Sec. 357 of the Code of Criminal Procedure.