STATE OF MAHARASHTRA Vs. MOHANDAS S GAWADE

JUDGEMENT

(1.) This is a State's appeal against the acquittal of the accused under Sections 279, 337, I. P. C., by Judgment dated 1-3-2004 of the learned J. M. F. C., Panaji.

(2.) There is no dispute that the accident took place between the Mini Bus driven by the accused bearing No. GA-01-T-5686 and the Mini Bus bearing No. GA-01-T-4568 driven by Rajesh Jadav/PW6. The Mini Bus driven by the accused was coming from the direction of Ponda to Panaji while the Mini Bus driven by Rajesh Jadav/PW 6 was proceeding from Panaji towards Ponda and the said accident took place near a primary school at Sapem, Ribandar on 27-7-2002 at about 17.00 hours. A message of the said accident was received on telephone by Head Constable Pramod Gawas/PW9 of Old Goa Police Station who recorded the same on the station diary, an extract of which was produced at Exh. PW9/A, and, he proceeded to the scene and conducted a scene of offence panchnama and prepared a sketch in support of which Ramakant Shirodkar/PW5 was examined and the said panchnama and the sketch were produced at Exh. PW5/A. The injured passengers travelling in the bus driven by the accused were taken by the accused to Goa Medical College and were examined by Dr. Walke/PW 1 and the certificates of their examination were produced at Exh. PW1/A to D. The vehicles were got inspected from a mechanic by name Jacob Fernandes/PW2 whose reports were produced at Exh. PW2/A and B. In all, the prosecution had examined 9 witnesses to support the charge against the accused that it was the accused who drove the said Mini bus in a rash and negligent manner and gave a dash to the oncoming bus driven by Rajesh Jadav/PW 6 as a result of which the passengers from both the buses including the driver had sustained injuries.

(3.) The case of the accused was that Rajesh Jadav/PW6 had caused the said accident and that he was not guilty of any offence.