Heard Mr. Lawande, learned Additional Public Prosecutor for the appellant and Mr. Kamat, learned Counsel for the respondent.

2. By this appeal, the appellant takes exception to the judgment and order dated 30.09.2009 passed by the learned Judicial Magistrate First Class, Canacona in Criminal Case No. 41/S/07, acquitting the respondent of offences punishable under Sections 279, 304-A of the Indian Penal Code and Section 134(a) and (b) of Motor Vehicle Act.

3. The respondent was prosecuted on the allegation that on 24-05-2007 at 11:45 hours at Saleri, Cola, near fish market, the accused was driving the rickshaw bearing No. GA02 U-1090 which was proceeding from Canacona to Cola side and on reaching at Saleri, Cola, drove the rickshaw in a rash and negligent manner and dashed against a pedestrian girl, Ms. Anisha Pagi, aged about 8 years who sustained injuries and succumbed to the injuries on the way to the hospital; the accused ran away from the spot without giving first aid to the injured and did not inform the police about the accident.

4. Pursuant to the F.I.R. lodged by PW-8, Ashok Shet, investigation was taken up which ultimately culminated in filing of the chargesheet.