STATE THROUGH PUBLIC PROSECUTOR Vs. NIRMALA D MELLO

JUDGEMENT

(1.) THIS is State's Appeal against the acquittal of the Accused under Sections 279 and 337 I.P.C. by virtue of the Judgment/Order dated 1512004 in C.C. No.112/03/E.

(2.) THERE is no dispute that the accident took place on 5.2.2003 at 09.15 hours at Porvorim on the National Highway and at a place where there is another road proceeding towards Pundalik Nagar as one goes from Panaji to Mapusa between motor cycle No. GA1Y2950 driven by P.W.1/Sriram Dhargalkar and Maruti Car bearing No. GA01S1544 driven by the Accused. The road/highway at that place is about 16 meters wide and was divided by road dividers. The lane from Mapusa to Panaji on which the accident took place after the Accused took a turn into the said lane, therefore, ought to be about half of that width.

(3.) THE learned J.M.F.C., Mapusa, after assessing the evidence of the prosecution witnesses came to the conclusion that the prosecution had failed to prove that the Accused was rash and negligent in driving the car on the relevant day and, therefore, proceeded to acquit the Accused.