VINAYAK KESARKAR Vs. STATE

JUDGEMENT

(1.) This revision application has been preferred against the judgment and order dated 07.01.2013 passed by learned Additional Sessions Judge, Mapusa ("Appellate Court", for short) in Criminal Appeal No. 153/2011. The said Criminal Appeal was, in turn, filed against the judgment and order dated 31.10.2011 passed by the learned Judicial Magistrate, First Class, "C" Court Bicholim ("J.M.F.C.", for short) in Criminal Case No. 70/S/09/C. The applicant shall hereinafter be referred to as the accused and the respondent as prosecution.

(2.) Facts giving rise to the revision application, in short, are as under:-

(3.) The accused pleaded not guilty to the charge framed against him and explained to him. In support of its case, the prosecution examined ten witnesses. PW1 Shri Rizwan Jarpatgi and PW9 Shri Sukdo Usapkar, acted as panch witnesses for the panchanama of the scene of accident and sketch which are at Exhibits 9 and 10 respectively. PW2, Shri Vishwanath Bhomaikar, PW3, Shri Tulsidas Suralkar, PW4, Shri Razak Munnla and PW6, Smt. Asha Gaonkar were the occupants of the said bus. PW3 was the cleaner whereas PWs 2, 4, and 6 were some of the passengers. PW5 Sharadchandra Naik was the owner of the said bus bearing No. GA-01-U-4699. PW7, Shri Meghasham Pilankar was the Motor Vehicle Inspector at the relevant time and he had inspected said mini bus. PW8, Dr. Siddhi Kansar examined the injured passengers. Lastly, PW10, Shri Atmaram Gawas, Head Constable Buckle No. 3073 is the investigating officer.