LAWS(BOM)-2014-2-293

STATE OF GOA Vs. GOVIND SHET NARVEKAR

Decided On February 17, 2014
STATE OF GOA Appellant
V/S
Govind Shet Narvekar Respondents

JUDGEMENT

(1.) The appeal preferred by the State is directed against the judgment and order dated 27/4/2012 passed by the learned IInd Addl. Judicial Magistrate, First Class, Margao, thereby acquitting the respondent from the offence punishable under sections 279, 337 and 338 of the Indian Penal Code. The accident has taken place on 10/10/2011 at above 18.00 hours on the Goa-Bombay National Highway no.17, near Sonfator Loutulim near Toll Naka. Tata Sumo Victa bearing no.GA-05/T-0494 was proceeding from Margao to Ponda and the other vehicle which involved in the accident, that is, the Fiat Punto car bearing no.GA-05-B-5483 was coming from opposite direction i.e. Ponda to Margao.

(2.) The driver and the owner of the Tata Sumo, who were traveling in the Tata Sumo at the relevant time sustained injuries and were admitted to the hospital. Offence was registered against the driver of the Fiat car at Maina Curtorim, Police Station for the offences punishable under sections 279, 337 and 338 of the I.P.C.. First Information Report (F.I.R) was given by the Head Constable Mr. R. M. Talekar which was registered as Crime No.109/2011 of the Maina Curtorim Police Station. The respondent/accused thereafter was arrested and charge sheet was filed against him. He pleaded not guilty and thereafter he was tried before the learned Magistrate and the trial concluded in acquittal. Hence, the appeal.

(3.) Learned Public Prosecutor submitted that the accident took place when driver of the Fiat case i.e. respondent in rash and negligent manner overtook one truck proceeding from Ponda to Margao and dashed the Tata Sumo. The right side of the Tata Sumo was damaged, the driver and the owner of Tata Sumo also were injured. The occupant, Mr. Shrikat Paranjape had sustained fracture and he is examined by the prosecution as PW.2. He drew my attention to the spot panchanama and the sketch which is marked as Exhibit 9- C collectively. Learned Public Prosecutor by drawing my attention to the sketch submitted that both the vehicles are shown in the sketch towards the right side of the road and thus, for this accident, it can be said that the driver of the Fiat car was responsible, as the vehicle has come totally on the right side.