GAJANAN MAJIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Revision the Accused has challenged Judgments/orders dated 16/7/2002 and 15/10/2002 of the learned jmfc, Bicholim and the learned Assistant session Judge, Panaji, convicting the Accused and upholding the said conviction, respectively under Sections 279 and 304-A of I. P. C.

(2.) An accident took place on 29/05/1998 at about 4 p. m. at Amona near the gate of sesa Goa Pig Iron Plant. This accident took place between the minibus having no. GA-O1/u-3412 driven by the Accused and the motorcycle having no. GA-01/b-7496 driven by Digambar A. Naik who died in the said accident.

(3.) As a result of the said accident the Accused came to be prosecuted on a charge sheet filed under Sections 279 and 304-A i. P. C. in which the prosecution examined as many as nine witness. There is no dispute that at the relevant time the Accused was driving the said minibus and it must be stated that there is ample evidence to that effect which has been considered by both the Courts below. Both the Courts below have convicted the Accused, substantially based on the evidence of PW 5, Shamba gawas who was the owner of the said minibus, PW 6 Dayanand Gawas who was the cleaner of the said bus, PW 8 Servo fernandes, motor vehicle inspector and PW 9 Ashwini Surlikar who was a passenger and therefore and witness as per prosecution, to the accident.