R. C. Chavan, J. - (1.)This appeal is directed against judgment of the learned JMFC, 'C' court, Vasco da Gama acquitting the respondent for offences punishable under Section 279, 337 and 304-A of the Penal Code, while the learned JMFC convicted the respondent for offence punishable under Section 134 (a) and (b) of the Motor Vehicles Act.
(2.)Facts which led to filing of this appeal are as under: On 3/12/2008, PW6/Shri Eurico Santana D'Silva was travelling in his official car along with his wife from Panaji to Margao. The car was being driven by PW3/Vasu Gawas. When the car had reached a place near Toyoto showroom on the road, tanker no.GA-01-T-7272 driven by the respondent came from the opposite side and dashed against this car no.GA-03-G-8008. The victim i.e. the wife of PW6/Eurico D'Silva, was trapped in the car. Police were informed and with the help of fire brigade, she was rescued. Wife of PW6/Shri Eurico D'Silva however, had suffered serious injuries and succumbed to those injuries. PW6/Shri Eurico D'Silva as well as PW3/Vasu Gawas also sustained several injuries. Son of PW6/Shri Eurico D'Silva by name Carlos Silva was also informed and on his report an offence was registered. Police had already reached the spot and they had caused the panchanama to be drawn up. Photographs of the vehicles were also taken. Since Smt. Angela D'Silva had expired, after performing inquest on her body, her body was sent for post mortem examination. Police recorded statement of witnesses, obtained necessary medical certificate and on completion of investigation, sent the charge sheet to the Court of learned JMFC, Vasco da Gama.
(3.)Substance of accusation was explained to the respondent and since respondent pleaded not guilty he was put on trial, on which the prosecution examined in all 13 witnesses in its attempt to bring home the guilt of the respondent. The respondent took the defence that accident occurred because the car driver himself was overtaking a multi axel vehicle and in the process hit the tanker. He also examined the owner of the tanker Mariano Rodrigues as his defence witness. After considering the prosecution evidence in the light of defence raised, the learned Magistrate acquitted the respondent of substantive offence punishable under Section 279, 337 and 304-A of the Penal Code. Aggrieved thereby, the State has preferred this appeal.