LAWS(BOM)-2014-6-60

SIDHARTH NAIK Vs. STATE OF GOA

Decided On June 13, 2014
Sidharth Naik Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Heard rival submissions on this criminal revision petition challenging the judgment and order dated 21/11/2013 passed by the Judicial Magistrate First Class, Canacona, Goa and subsequent order dated 28/03/2014 passed by Additional Sessions Judge, South Goa, Margao.

(2.) By the order of the Judicial Magistrate First Class, Canacona, Goa, the present revision petitioner was convicted for the offence punishable under Sections 279,337 and 338 of Indian Penal Code and was directed to suffer simple imprisonment for the period of 2 months, 1 month and 3 months, respectively. He was also directed to pay fine for the offence punishable under Section 134(a)(b) of Motor Vehicles Act and also directed to pay fine of Rs.1,000/- under Section 196 of the Motor Vehicles Act. Certain other fine amounts were also imposed on contravention for relevant provisions of Central Motor Vehicle Rules.

(3.) In short, the main conviction is for the offences punishable under Sections 279, 337 and 338 of Indian Penal Code. The above conviction was challenged before the Sessions Court in Criminal Appeal No.6/2014 and the appeal was partly allowed, thereby partly quashing and setting aside the imposition of fine on contravention of Rule 100 of Central Motor Vehicles Rules and other fine amounts. In short, by the order of the appellate Court in partly allowing the appeal, the main conviction for the offences punishable under Sections 279, 337 and 338 was maintained. Mainly this maintaining of the conviction is challenged in the present revision petition by the petitioner/original accused.