STATE OF MAHARASHTRA Vs. VISHWANATH NAIK

JUDGEMENT

(1.) The Appellant/state of Goa has filed this Criminal Appeal through the learned Public Prosecutor, High Court of bombay, Panaji, challenging the Judgment and order passed by the Judicial Magistrate, First class, Ponda, in Criminal Case No. 77/s/2002/ c dated 6th November, 2003. By the said judgment and Order the trial Court convicted the Respondent/accused for the offences punishable under Sections 279 and 304-A of the Indian Penal Code and sentenced him to pay a fine of Rs. 1000/- under Section 279 of the Indian Penal Code and in default to suffer simple Imprisonment for a period of two weeks. The trial Court further directed that they should pay a fine of Rs. 2000/- under section 304-A and in default to undergo Simple imprisonment for a period of one month. The state has preferred this Appeal for enhancement of the sentence imposed by the trial Court.

(2.) Heard Mr. S. N. Sardessai, the learned Public Prosecutor appearing on behalf of the State and Mr. J. A. Lobo, learned counsel appearing on behalf of the respondent.

(3.) The brief facts are that on 12-5-2002 between 9. 00 a. m. to 9.30 p. m. an accident took place at the junction of the Nagzar curti road and a truck which was driven by the Respondent/accused dashed against the scooter which was driven by the deceased. The driver of the truck fled away from the scene of offence. Thereafter, he was arrested. The person driving the scooter succumbed to his injuries on the way to the hospital.