( 1 ) THE Appellant/original accused is challenging the Judgment and Order passed by the 1st Additional Sessions Judge, panaji in Sessions Case No. 7 of 2002. By the said Judgment and Order dated 25th May, 2004, the Additional Sessions Judge was pleased to convict the Appellant for the offence punishable under Section 307 of the Indian Penal Code and sentence him to undergo Simple imprisonment for 2 years and also impose a fine of Rs. 2000/- and in default to undergo simple Imprisonment for a further period of 2 months. The Additional Sessions Judge also convicted the Appellant for an offence punishable under Section 185 of the Motor vehicles Act, 1988 and to undergo Simple imprisonment for 3 months and to pay a fine of Rs. 1000/- and in default to undergo Simple imprisonment for a period of 1 month.

( 2 ) THE prosecution case in brief is that on 30-3-2001 at about 4. 10 hours the accused was driving a Tata Estate Car and at that time was under the influence of alcohol and in this condition he deliberately tried to knock down Police Inspector S. R. Goltekar of the Porvorim Police Station who was on night duty at the relevant time. The prosecution case is that the Police Ins