VASUDEV NAIK Vs. STATE

JUDGEMENT

(1.) Heard rival arguments at length. This criminal revision is filed by the applicant/original accused challenging the judgment and order of conviction dated 16/08/2012 passed by Judicial Magistrate First Class, Vasco in Criminal Case No.63/S/2010/D and also challenging the order dated 13/04/2012 passed by Additional Sessions Judge, Fast Track Court, South Goa, Margao dismissing the Criminal Appeal No.84/2011.

(2.) Present applicant/original accused was charged for the offences punishable under Section 279 and 304 of Indian Penal Code. He was convicted by the Judicial Magistrate First Class, Vasco and was sentenced to suffer simple imprisonment for 6 months and one year respectively for the said offences. He was also directed to pay the respective fine amounts. The fine amounts are reportedly paid. Being aggrieved by the conviction and also dismissal of the appeal, present revision petition is filed.

(3.) Prior to discussing the rival arguments certain factual position can be narrated. The said incident occurred at about 9.25 a.m. on 24/05/2010 in which apparently the kadamba bus then being driven by the present applicant gave a dash to a motorcycle then being driven by first informant PW1 Ravindra. On the said motorcycle, the victim Mahesh was the pillion rider. According to the case of prosecution at the relevant time, the present applicant was driving kadamba bus on a highway and was overtaking the motorcycle and in that process gave a dash to the handle of the motorcycle. Thereafter, apparently, the rider of the motorcycle i.e. PW1 lost balance and he fell on the road. So also the motorcycle was fallen on the road, but to his fortune PW1 fell on the road towards the left side. However, the pillion rider, victim Mahesh, fallen on the right side of the road and in that process was run over by the kadamba bus and actually the head and the upper part of the body of the victim came under the left rear wheels of the bus. The running over of the head and upper part of the body of the victim by the bus resulted in instantaneous death. Still the bus proceeded ahead for about 200 meters or so and then it was halted. Also, according to the case of prosecution one passerby rider of the another motorcycle i.e. PW7 one Rajesh witnessed the incident and stopped the bus. During the trial, total 9 prosecution witnesses were examined out of which important witnesses are PW1, the first informant Ravindra, who was riding the motorcycle and PW7 Rajesh, who was apparently the eye witness. Other witnesses are PW2 pancha of scene of offence, PW3 Doctor, PW4 Conductor, PW5 Motor Vehicle Inspector, PW6,8 & 9 are the Police Officers, who carried out the investigation.