PERNEM GOA Vs. SANTOSH KESHAV SHET

JUDGEMENT

(1.) THIS appeal is filed by the State of Goa and is directed against Judgment dated 9-7-2007 of the learned J. M. F. C. , Pernem, by which the learned J. M. F. C. has acquitted the Respondent/accused under Sections 279, 338 and 304-A, I. P. C.

(2.) THERE is no dispute that the accident took place between a Canter pick-up bearing No. GA-01-Z-1071 driven by Samir S. Gawde and the Tipper truck bearing No. GA-01-V-2341 driven by the accused. In the said accident, the said Samir S. Gawde along with the cleaner by name Govind Nilkanth Kambli expired and their death was proved by the prosecution with the evidence of Dr. Silvano Dias Sapeco/pw8. Hanumanth Patel/pw6 who was in the cabin of the said Canter pick-up and the accused suffered injuries and there is no dispute about it. Grievous injuries to Patel/pw6 were proved by Exh. 32.

(3.) THE accident took place at Malpem on the National Highway No. 17. There is no dispute that the Canter pick-up was going up the slope from Patradevi to Panaji while the Tipper truck of the accused was going down the slope in opposite direction from Panaji to Patradevi. The scene of offence was proved by the evidence of Prakash Gawde/pw1 and ASI Narayan Gawas/pw9. The width of the National Highway at that place is 7. 9 meters demarcated by divider line, into two lanes and both the vehicles, after the impact have been shown partly off the road, on the eastern side of the said National Highway. The spot of accident is also shown in the lane in which the Canter pick-up was passing. As stated by Prakash Gawde/pw1, and as also can be seen from the panchanama and the sketch produced by the prosecution, after the accident the vehicles were in horizontal position. According to him, the total front portion of the Canter mini pick-up was damaged and the dead bodies were trapped inside the cabin. The front wheels of the Tipper truck were in the water drain and the front wheels of the canter pick-up were on the kutcha road. As stated by him, the spot of accident was 0. 7 meters from the divider line on the left hand side of the road as one proceeds to Mapusa. According to him, the Tipper truck was totally damaged towards the cleaner side. The prosecution examined three witnesses, as eye witnesses to the occurrence of the accident, namely, Pramod V. Polji, Head Constable/pw2, working in the Police Department, Gurudas Shetgaonkar/pw4 who was at the relevant time passing on his scooter, and Hanumanth Patel/pw6 who was requested by the deceased Samir S. Gawde to accompany him to Vasco in the said Canter pick-up.