STATE OF MAHARASHTRA Vs. ANTONIO SOARES

JUDGEMENT

(1.) This is State's appeal against the acquittal of the accused under Sections 279, 338 I. P. C. by Judgment dated 2182004 of the learned J. M. F. C. , Vasco da Gama.

(2.) There is no much dispute as to facts. The accident took place between a maruti van bearing No. GA02/ T3593 driven by Prakash/pw2 and a tempo bearing No. GA02/ V5926 driven by the accused. The tempo driven by the accused was proceeding from Cansaulim towards Birla/vasco da Gama, whilst the van driven by Prakash/pw2 was proceeding from Birla towards Cansaulim, in opposite direction. At present, it is not disputed that there was a stationery bus parked ahead of the tempo in the direction the tempo driven by the accused was going, though before the trial Court the accused had denied that there was any such bus. Head Constable Gurav/pw3 who at the relevant time was attached to Verna Police Station received information about the said accident through PCR (Police Control Room) and he proceeded to the scene of accident and after securing the presence of two panchas conducted the panchanama and prepared a sketch in support of which Krishna/pw1 came to be examined. From the panchanama and the sketch, it can be seen that the road at the place of accident is a straight road and while the van driven by Prakash/pw2 is seen on its left hand side of the road, the tempo driven by the accused is seen at the extreme right side of the road, partly on the kutcha road. The panchanama and the sketch also show that there was a clear distance of about 3. 10 meters of the tar road and about a meter of the kutcha road by which the tempo driven by the accused could have passed as it was being driven from Cansaulim towards Birla/vasco da Gama.

(3.) The only eye witness examined by the prosecution was none other than the said Prakash/pw2, the driver of the van whose evidence, the learned J. M. F. C. has not accepted on the ground that he was an interested witness without finding out whether the evidence given by him was probable or not. The accused when he was examined under Section 313 of the Code had merely stated that he was falsely implicated in the case. In fact, the accused did not even explain as to how the tempo driven by him went to the extreme right of the said road and dashed against the van driven by Prakash/pw2 which was on its left and correct right side of the road.