LAXMIKANT SITARAM NAIK Vs. STATE

JUDGEMENT

(1.) The revisionary jurisdiction of this Court under Section 397 of the Cr.P.C. is invoked against the judgment and order dated 07/08/2012 passed by the learned Assistant Sessions Judge-I, Panaji, Goa by which order, the conviction of the petitioner under Sections 279, 337 and 338 of the I.P.C. was confirmed by the Lower Appellate Court. The proceedings arise out of the chargesheet filed in C.R. No.4/2010 dated 07/01/2010 under Sections 279, 337 and 338 of the I.P.C.

(2.) The case of the prosecution is that the petitioner herein on 07/01/2010 at about 7.45 a.m. at Ghadiwada Surla Pale, Bicholim, Goa drove his school bus bearing no.GA-04-T-0592 in a rash and negligent manner while proceeding from Ghadiwada Surla to Kothambi Tagor High School. It is further the case of the prosecution that when the accused reached at Ghadiwada Surla while proceeding to Kothambi Tagor High School, he dashed against six boundary cement poles and also dashed against the tipper truck bearing no.GA-04-T-4896 which was coming from opposite direction i.e. Vagus to Kothambi Surla thereby causing simple injuries to 12 students and grievous injuries to one student namely Varun Gurudas Ghadi, aged about 12 years and who was travelling in the school bus driven by the accused. In the said case, the accused was served with a copy of the chargesheet along with the documents as required by Section 207 of the Cr.P.C. The statement of the accused under Section 313 of the Cr.P.C. was recorded wherein the accused has stated that two trucks coming from Kothambi side went in a fast speed and one truck dashed against him and in the process, his bus went towards left side and hit the roadside poles and resultantly, the bus went out of balance and in view thereof, hit the oncoming truck against its roof top and resultantly, the glass got cracked and since the truck came towards the bus, he had no chance to take the bus on the side.

(3.) The substance of the accusation was explained to the accused, to which the accused pleaded not guilty and hence, was directed to face trial.