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2013 Supreme(Bom) 1544

R.C.CHAVAN
Sudhir Halankar – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:J.J. Mulgaonkar, Advocate.
For the Respondents: Ms. M. Pinto, Additional Public Prosecutor.

JUDGMENT :

This revision is directed against concurrent findings of the learned Judicial Magistrate First Class, Mapusa and the learned Additional Sessions Judge, Mapusa whereby the Courts below have found the applicant guilty of offences punishable under Section 279 and 304-A of the Penal Code and Section 134 (a) and (b) of the Motor Vehicles Act and sentenced him to undergo simple imprisonment for a period of 3 months and to pay a fine of Rs.1,000/- or in default to undergo simple imprisonment for one month under Section 279 of the Penal Code, simple imprisonment for a period of 6 months and to pay a fine of Rs.5,000/- or in default to undergo simple imprisonment for two months under Section 304-A of the Penal Code and to pay a fine of Rs.500/- or in default to undergo simple imprisonment for 15 days under Section 134(a) and (b) of the Motor Vehicles Act.

2. The facts which are material for deciding this revision application are as under:

On 10/10/2008, at about 6.25 p.m. the victim Noela Baretto was crossing the road between Panaji and Mapusa near JMJ hospital, Porvorim. The applicant was driving mini bus bearing no.GA-01-Z-6665. He gave a dash by his bus to the victim by going










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