ANTHONY FERNANDES S/O AGNELO FERNANDES Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Menezes, learned Counsel appearing on behalf of the petitioner and Ms. Gomes e Pinto, learned Additional Public Prosecutor appearing on behalf of the respondent.

(2.) THIS petition, which was admitted on 01/02/2012, is filed against the judgment and order dated 09/11/2011 passed by the learned Sessions Judge, South Goa at Margao ('Sessions Court') in Criminal Appeal No. 34/2011, by which the Judgment and Order dated 31/03/2011 passed by the learned Judicial Magistrate, First Class, Margao (J.M.F.C.) in Criminal Case no. 50/S/2006/E, has been upheld, with slight modification. The petitioner was the accused in said Criminal Case No. 50/S/2006/E and shall, hereinafter, be referred to as the accused.

(3.) A charge sheet was filed by Colva Police against the accused before the learned J.M.F.C. for offences punishable under Sections 279 and 304 -A of the Indian Penal Code(I.P.C.) alleging that on 01/08/2005 at 15.20 hours, the accused drove Mahindra Pick -up bearing registration no. GA -02/U -9944 in a rash and negligent manner from Colva towards Betalbatim and when reached near Mendes Shop at Gaundalim, Colva, dashed against the oncoming motorcycle bearing registration no. TN - 02/L -1028 ridden by one Ashwin Timmaya and caused his death. Criminal Case No. 50/S/2006 was a culmination of the said charge sheet.