N.A.Britto, J.-This is State's Appeal against the acquittal of the accused under Sections 279 and 337, IPC by virtue' of the judgment/order dated 15.1.2004 in C.C. No. 112/03/E.

2. There is no dispute that the accident took place on 5.2.2003 at 9.15 hours at Porvorim on the National Highway and at a place where there is another road proceeding towards Pundalik Nagar as one goes from Panaji to Mapusa between motor cycle No. GA-1-Y -2950 driven by PW 1/Sriram Dhargalkar and Maruti Car bearing No.GA-01-S-1544 driven by the accused. The road/highway at that place is about 16 meters wide and was divided by road dividers. The lane from Mapusa to Panaji on which the accident took place after the accused took a turn' into the said lane therefore, ought to be about half of that width.

3. The case of the prosecution was that the accused crossed the Panaji/Mapusa lane that is to say one way road without taking any precautions and entered the other lane and dashed against the motor cycle of PW 1/Sriram Dhargalkar which was proceeding towards Panaji direction as a result of which the motor cycle rider, namely. PW 1/Sriram Dhargalkar and his wife PW 2/Anjali Dhargalkar sustained simple inj