STATE OF GOA Vs. ANANT MANERKAR

JUDGEMENT

(1.) Heard Mr. Amonkar, learned Additional Public Prosecutor for the appellant and Ms. Gawas, learned Counsel for the respondent.

(2.) This is State appeal filed against the judgment dated 13/07/2012 passed by the learned Judicial Magistrate, First Class, Sanguem Goa (J.M.F.C., for short) in Case No. 18/S/2008 by which the respondent has been acquitted of the offences punishable under Sections 279 and 304-A of Indian Penal Code ( I.P.C., for short). The respondent shall hereinafter be referred to as the accused.

(3.) The Curchorem Police had filed charge sheet against the accused alleging that on 23/09/2007 at about 14.45 hours at Guddemol, Sanvordem, the accused being the cleaner of the tipper truck bearing No. GA-09-T-8055, without possessing authorized heavy motor driving licence and without permission/ knowledge of the driver, drove the said tipper truck in a rash and negligent manner, waiving his hand at the passerby on the narrow village road and dashed against a pedestrian namely Subhash Palni, as a result of which the said pedestrian sustained injuries which resulted into his death.