CEASER RODRIGUES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision is filed by the accused who has been convicted and sentenced under Sections 279, 304a, 337 and 338 I. P. C. and whose conviction and sentence has been upheld by the learned Sessions Judge, Panaji.

(2.) An accident took place on 332000 at about 3. 30 p. m. at Nagoa in Bardez Taluka between the tempo traveler bearing No. GA01t4282 driven by the accused and a Maruti Van bearing No. GA01v3728 driven by PW1/vishvanath Agarvadekar in which there were four lady passengers out of which two died and the remaining two were examined as witnesses for the prosecution namely PW2/pushpavati Agarvadekar and PW3/surat Kalangutkar. The deceased were Rukmini Vital Agarvadekar and Madhumati P. Ramnathkar.

(3.) The accused was proceeding from Arpora towards Saligao in West East direction while PW1/vishvanath Agarvadekar was proceeding from Calangute towards Mapusa in South North direction. The accident took place at the junction of the said two roads. The evidence on record shows that the accused was driving a bigger vehicle on a comparatively narrow road while PW1/vishvanath Agarvadekar was driving a smaller vehicle on the main road which was broader and with heavy traffic.