SURESH DESAI Vs. STATEOF GOA

JUDGEMENT

(1.) RULE, returnable forthwith. Heard with consent of the parties.

(2.) THIS revision application is by the accused whose conviction under Section 279, 338 of the Indian Penal Code, is confirmed by the Sessions Judge.

(3.) THE facts are as follows : on 02. 04. 2006, Kiran Govekar, the complainant had gone along with his friend to Maulingem. After finishing their work, they were on way back to Bicholim. They were, therefore, going from Maulingem to Bicholim. They were riding motor cycle No. GA04-A2565. Kiran was driving motor cycle while his friend was pillion rider. While they were on way and their motor cycle had reached near Lakere Bordem, one motor car of Matiz make, was coming from opposite direction. There was also autorikshaw in front of the said motor car. It is alleged that the driver of the motor car i. e. the accused took motor car to the extreme right in order to overtake the autorikshaw and gave dash to the motor cycle driven by the Kiran. Kiran sustained injuries due to the accident. The matter was reported to police and panchanama was drawn and chargesheet came to be filed against the accused.