FIROZ MOHAMMED ALI AGA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Singh, learned Counsel appearing on behalf of the petitioner and Ms. Pinto, learned Additional Public Prosecutor appearing on behalf of the respondent.

(2.) This Revision Application has been filed against the Judgment and Order dated 07/01/2013 passed by the learned Sessions Judge, Margao (Appellate Court) in Criminal Appeal No. 83 of 2011 by which the judgment and sentence dated 26th/29th August, 2011 delivered by the learned Judicial Magistrate, First Class, Vasco-da-Gama (Trial Magistrate) in Criminal Case No. 84/S/2010/D has been confirmed and the present petitioner, who was the accused in the said case, has been directed to surrender and suffer the imprisonment imposed against him and to pay the fine as ordered or to suffer further imprisonment in default.

(3.) The Vasco Police had filed charge sheet against the accused for offence punishable under Sections 279, 337 and 338 of Indian Penal Code (I.P.C.), alleging that on 05/03/2010 at 11.50 hours near Vaddem Bridge, opposite Goa Shipyard Ltd., the accused being the driver of Mini Bus bearing registration no. GA-02/T-4897, drove the same in rash and negligent manner while proceeding from Chicalim to Vasco and when reached near Vaddem Bridge, on descending road opposite to Goa Shipyard Limited, went off the road and the Mini Bus fell into the nullah, thereby causing grievous injuries to some passengers and simple injuries to other passengers. The said charge sheet was registered as Criminal Case No. 84/S/2010/D.