1. Heard Mr. Amonkar, learned Additional Public Prosecutor for the appellant and Ms. Gawas, learned Counsel for the respondent.

2. This is State appeal filed against the judgment dated 13/07/2012 passed by the learned Judicial Magistrate, First Class, Sanguem – Goa (J.M.F.C., for short) in Case No. 18/S/2008 by which the respondent has been acquitted of the offences punishable under Sections 279 and 304-A of Indian Penal Code ( I.P.C., for short). The respondent shall hereinafter be referred to as the accused.

3. The Curchorem Police had filed charge sheet against the accused alleging that on 23/09/2007 at about 14.45 hours at Guddemol, Sanvordem, the accused being the cleaner of the tipper truck bearing No. GA-09-T-8055, without possessing authorized heavy motor driving licence and without permission/knowledge of the driver, drove the said tipper truck in a rash and negligent manner, waiving his hand at the passerby on the narrow village road and dashed against a pedestrian namely Subhash Palni, as a result of which the said pedestrian sustained injuries which resulted into his death.

4. The accused was tried for the offences punishable under Sections 279 and 304-A of I.P.C. and Section 3 read with 181 of the Motor Vehicle Act (M.V. Act, for short). The prosecution examined 10 witnesses in support of its case. The statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. The accused did not examine any witness.

5. Upon consideration of the entire evidence on record, by impugned Judgment dated 13/07/2012, the learned J.M.F.C. acquitted the accused of the offences punishable under Sections 279 and 304-A of I.P.C. and convicted him for the offence punishable under Section 3 read with Section 181 of M.V. Act and by further judgment dated 24/07/2012 sentenced him to undergo simple imprisonment of three months and to pay fine of Rs. 500/-and in default to undergo further simple imprisonment of seven days. The accused had challenged the above judgment and sentence before the Sessions Court, Margao and vide Judgment and order dated 06/11/2012, passed in Criminal Appeal No. 70/2012, the learned Additional Sessions Judge dismissed the said appeal. The State has filed the present appeal against his acquittal for the offence punishable under Sections 279 and 304-A of I.P.C..

6. Mr. Amonkar, learned Additional Public Prosecutor submitted that the evidence of the eye witness namely PW4 Shri Murli Nair has not been considered properly by the learned J.M.F.C. According to him, the said evidence is reliable and sufficiently proves the rashness and negligence of the accused and, therefore, the accused ought to have been convicted of the offences punishable under Sections 279 and 304-A of I.P.C. He therefore urged that the appeal be allowed and the accused be convicted and sentenced appropriately.

7. On the other hand, Ms. Gawas, learned Counsel appearing for the accused submitted that there were also other eye witnesses examined by the prosecution who were along with PW-4 but they have not supported the prosecution. She urged that the evidence of PW-4 is not corroborated by said other eye witnesses. She further pointed out that there is material contradiction in the deposition of PW4 viz-a-viz his police statement. She, therefore, submitted that no interference is called for in the impugned judgment of acquittal.

8. I have gone through the original record and proceedings and considered the arguments advanced by learned Counsel for the parties.

9. Indisputably, Shri Subhash Palni died on 23/09/2004, due to damage for face and its underlying structures, head and brain, left side rib cage bones, left side hip with its underlying structures and left thigh, as a result of blunt force crushing impact. He died on the spot in an accident which took place at Guddemol, Sanvordem, involving the Tipper Truck bearing registration No. GA-09/T-8055, driven by the accused.

10. The point for determination is whether the