SHRI SHANKAR BHAGAT Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioner herein has challenged the impugned judgment and order dated 21st Nov., 2016 delivered by the Additional Sessions Judge, South Goa, Margao in Criminal Appeal No.39/2016, whereby the learned Judge has confirmed the judgment and order of conviction and sentence passed by the learned Judicial Magistrate First Class, Sanguem in Criminal Case No.41/A/2013 dated 15/3/2016.

(2.) The petitioner was working as a driver of Kadamba Transport Corporation ("KTC" for short) bearing Registration No.GA-01-X-0447. On 2.2.2013 at about 7.45 hours, he was driving the aforesaid bus from Collem towards Sanvordem. He drove the bus in a rash and negligent manner and thereby gave a violent dash to the Hero Honda Splendor motorcycle bearing No.GA-09-F-6126 of the deceased namely Ibrahim s/o Maula Saba Nagur, who was coming from opposite direction. The dash was so violent that the deceased Ibrahim succumbed to his injuries, which were to the vital parts of his body.

(3.) An F.I.R. came to be registered (Exhibit D-2) against the petitioner on the same day with Curchorem Police Station at about 13.05 hours. An offence came to be registered against the petitioner under Sections 279 and 304-A of the Indian Penal Code, vide F.I.R. No.09/2013. The petitioner was charge-sheeted and tried by the learned Magistrate, who after recording the evidence and after hearing the prosecution and the defence, convicted and sentenced the petitioner to pay a fine of Rs.1000.00 for the offence punishable under Sec. 279 of the Indian Penal Code and in default of payment of fine, to undergo simple imprisonment for one month. He has also been convicted and sentenced to undergo simple imprisonment for four months of the offence punishable under Sec. 304-A of the Indian Penal Code.