Prithviraj K.Chavan - (1.) The petitioner has challenged the judgment and order dated 1.12.2014 delivered by the Additional Sessions Judge, Panaji in Criminal Appeal No.120/2012, whereby the learned Judge has confirmed the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, First Class Ponda (for short "JMFC") on 29.8.2012 by which the petitioner was sentenced under Sections 279, 304-A of Indian Penal Code(for short "IPC") and under Sections 134(a) and (b) of the Motor Vehicles Act ( for short M. V. Act")
(2.) Brief facts, can be summarised thus:- On 19.8.2006 the petitioner was driving his truck bearing registration no.MH-09-L-757 from Village Shiroda to Sanvordem at about 7.30a.m. The truck was loaded with some goods. A minor boy aged about 15 years (victim) was proceeding on his bicycle from Digas Panchwadi to Mapa. The petitioner, at the relevant time, while overtaking a stationary bus which had stopped for passengers, gave a violent dash to the bicycle of the victim who was on his correct side and thereby caused his instantaneous death due to crushing of his head under the wheel. The truck stopped ahead at a distance of 20 metres. The petitioner fled away from the scene without giving medical aid to the victim. It is alleged by the prosecution that the truck was being driven by the petitioner rashly and in a fast speed ignoring the traffic rules.
(3.) An offence came to be registered against the petitioner with Ponda Police Station under Sections 279, 304-A IPC and Sections 134(a) and (b) of the M. V. Act.;