NILESH SALGAOKAR Vs. STATE OF GOA

JUDGEMENT

(1.) The revision petitioner herein has been convicted for the offence punishable under Sections 279 and 337 of Indian Penal Code and has been sentenced to suffer simple imprisonment of 15 days for both the offences with fine of Rs.1000/- and Rs.500/- respectively. He had preferred an appeal against the order of his conviction. That appeal was dismissed by the Sessions Court by its judgment and order dated 30th June, 2011.

(2.) Briefly, the case of the prosecution is that on 7th August, 2008, the petitioner was driving a mini bus bearing No.GA-01-Z-5614 from Ibrampur to Mapusa via Assonora and when the vehicle reached near Gasket Factory, Mapusa, it dashed against a jackfruit tree causing injuries to the passengers in the bus thereby committing the offences alleged.

(3.) The prosecution examined eleven witnesses to support its case. Out of that, four are formal witnesses i.e. pancha for panchanama of scene of offence (PW1), motor mechanic (PW3), who has assessed the damages to the mini bus, Medical Officer at PHC, Bicholim (PW2) and the Investigating Officer (PW11). PW4 to PW9 are passengers in the bus who sustained injuries on account of the accident. PW10 is the owner of the mini bus. The Trial Court on assessment of the evidence of the witnesses found that the petitioner was overtaking another vehicle and in the process dashed against the jackfruit tree. It reasoned that the brake marks of eleven metres in length behind the bus indicated that it was being driven at a very high speed and the fact that it was almost completely on the katcha road indicated that it was trying to overtake another vehicle from the left side which is prohibited under the Motor Vehicles Act. The Trial Court also took note of the damage was caused to the vehicle along with injuries to the passengers in the bus which it has found to be simple injuries attracting Section 337 of Indian Penal Code. The Sessions Court accepted all the findings of the Trial Court to confirm the conviction and the sentence awarded to the petitioner.