Heard Mr. D. Lawande, Additional Public Prosecutor for the State-Appellant and Mr. V. Menezes, Advocate for the respondent (hereinafter referred to as 'the accused').

2. By this appeal, the appellant-State takes exception to the Judgment and Order dated 16th September, 2009, passed by the Judicial Magistrate, First Class, at Ponda, Goa in Criminal Case No. 97/S/06/A, acquitting the accused for the offences punishable under Sections 279 and 337 of Indian Penal Code (IPC).

3. Briefly, the case of the prosecution is as under:

On 14th February, 2006, at about 11.20 a.m. at Manaswado, Kundai on National Highway 4, the accused drove the tanker bearing registration No. GA-01, Z-2715 in a rash and negligent manner while proceeding from Ponda to Panaji and dashed against the mini bus bearing registration No.GA-02, T-4634 which was driven by PW.2 Mohan Naik. On account of the accident, simple injuries were caused to PW.2 Mohan Naik and five other passengers travelling in the mini bus. After the accident, a panchanama Exhibit 11/C and Sketch Exhibit 12/C were drawn in the presence of pancha witnesses. PW.1 Tukaram Dessai was one of the panch witnesses.

On the next day i.e. 15th Febr