Court : Mumbai Goa
..... he also states that the child has not been going to the school since 5th february, 2013 as she has fractured her leg in an accident. .....
Tag this Judgment!Court : Mumbai Goa
..... she has stated that her husband had suffered fracture injuries when he was alighting from a bus and since the said accident had taken place on the road, she had stated in the complaint that it was road accident. ..... in her cross-examination, pw.9 has admitted that ganaba had suffered injury to his leg in an accident. ..... he has been confronted with his police statement wherein it is recorded that leg injury was sustained in a road accident. 13. ..... in order to apply medication to the injuries suffered by him to his leg in an accident. .....
Tag this Judgment!Court : Mumbai Goa
..... it may also be that since pw.1 had earlier refused to execute the plan of killing a person by causing accident, he was only told that a person goes mad by consumption of dhatura. ..... 1 further told him that the car had to be sprinkled with alcohol so that it should appear that the driver of the car involved in the accident was driving under the influence of alcohol. ..... 1 told him that someone had approached him to steal a car to be used for dashing against another car on a sloppy area to kill its driver and to make it appear as an accident on the pune mumbai highway. .....
Tag this Judgment!Court : Mumbai Goa
..... contra, learned counsel for the respondent (accused) mainly contended that the identity of the driver of the truck which met with the accident is not at all established and hence there is no scope for interference with the impugned judgment and order. 8. ..... it is seen from the evidence of pw 2 - prakash yadav, the injured, that though he has narrated as to how the accident took place and about other details, however he has neither stated the registration number of the truck which gave dash to the motorcycle ridden by him nor has he stated as to who was driving ..... however, admittedly, pw4 was not present at the spot at the time of accident and due to that he could not tell as to who was driving the said truck at the ..... prosecutor submitted that the truck involved in the accident was at the spot after the accident and the panchanama of the scene of accident and sketch (exh. ..... naik, who was motor vehicle inspector, at the relevant time, had inspected the truck and the motorcycle and had issued the accident report forms, which are part of exhibit c-10 colly. ..... mohan naik was proceeding towards sanvordem side by his motorcycle at the time of accident and had shifted pw2 to the hospital. ..... myageri acted as one of the panch witnesses for the panchnama of the scene of accident and sketch, which are at exhibit c-13 colly. ..... witness examined by the prosecution has identified the said truck as the one which met with accident and/or the accused as the driver of that truck at the time of accident. 13. .....
Tag this Judgment!Court : Mumbai Goa
..... from the evidence of pw-1, dilkush pagi, who acted as the pancha witness to the scene of accident and even from the panchanama and sketch it is difficult to locate the point of impact of the vehicle, which was necessary to be proved when the defence taken by the accused was that the deceased girl ..... that he had seen the pickup rickshaw coming in fast speed going towards the cola side but he has not stated that the accused was driving in fast speed at the time when the accident occurred, which evidence was necessary to be proved by the prosecution. 10. ..... as per the sketch, the spot of accident is shown towards the left side of the road proceeding from canacona to ..... was no reason for the deceased girl to stand for 2 minutes on the road at the spot where the accident has occurred. 9. ..... is the case of prosecution that the deceased girl anisha was standing on the road for 2 minutes where the accident has occurred. ..... that the accused was driving rickshaw in fast speed is not sufficient to hold that the accused drove the vehicle in rash and negligent manner resulting in the accident. ..... far as pw-2, jayanti pagi is concerned, she deposed that she came to know that a girl had met with an accident. ..... marks shown on the sketch disclosed that the deceased girl had fallen close to the place near the spot of the accident. ..... 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. .....
Tag this Judgment!Court : Mumbai Goa
..... from the evidence of pw-1, dilkush pagi, who acted as the pancha witness to the scene of accident and even from the panchanama and sketch it is difficult to locate the point of impact of the vehicle, which was necessary to be proved when the defence taken by the accused was that the deceased girl ..... that he had seen the pickup rickshaw coming in fast speed going towards the cola side but he has not stated that the accused was driving in fast speed at the time when the accident occurred, which evidence was necessary to be proved by the prosecution. 10. ..... as per the sketch, the spot of accident is shown towards the left side of the road proceeding from canacona to ..... was no reason for the deceased girl to stand for 2 minutes on the road at the spot where the accident has occurred. 9. ..... is the case of prosecution that the deceased girl anisha was standing on the road for 2 minutes where the accident has occurred. ..... that the accused was driving rickshaw in fast speed is not sufficient to hold that the accused drove the vehicle in rash and negligent manner resulting in the accident. ..... far as pw-2, jayanti pagi is concerned, she deposed that she came to know that a girl had met with an accident. ..... marks shown on the sketch disclosed that the deceased girl had fallen close to the place near the spot of the accident. ..... 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. .....
Tag this Judgment!Court : Mumbai Goa
..... learned magistrate has recorded the order of acquittal on the ground that the prosecution has not proved the point of impact which is very important in criminal case involving vehicular accident; the testimony of pw2 contradicts the sketch on record inasmuch as the sketch did not show the point of impact on the extreme left side of the road if one proceeds to ..... there is absolutely no reason to disbelieve the version of pw2 that he had sustained fracture on account of the accident and he was hospitalised for a period of six months, which was not shaken in his cross-examination. 15. ..... therefore, in my view, the prosecution has been able to prove beyond reasonable doubt that the accident occurred on account of rash and negligent driving on the part of the accused on account of which grievous injuries were caused to pw2 ..... he also stated registration number of maruti van which was involved in the accident and deposed that after the accident, he saw the maruti van on the kachha road on the left side, if one faces agacaim and its two front tyres were in the ..... perusal of the sketch discloses that the width of the road on which the accident occurred was 9.85 metres and the brake marks of the maruti van driven by the accused are near the dividing line of the road proceeding from agacaim to panaji and brake marks have ..... to the suggestion that there was no slope at the spot of accident and, therefore, there was no question of the accused riding in fast speed, the witness stated that there was .....
Tag this Judgment!Court : Mumbai Goa
..... learned magistrate has recorded the order of acquittal on the ground that the prosecution has not proved the point of impact which is very important in criminal case involving vehicular accident; the testimony of pw2 contradicts the sketch on record inasmuch as the sketch did not show the point of impact on the extreme left side of the road if one proceeds to ..... there is absolutely no reason to disbelieve the version of pw2 that he had sustained fracture on account of the accident and he was hospitalised for a period of six months, which was not shaken in his cross-examination. 15. ..... therefore, in my view, the prosecution has been able to prove beyond reasonable doubt that the accident occurred on account of rash and negligent driving on the part of the accused on account of which grievous injuries were caused to pw2 ..... he also stated registration number of maruti van which was involved in the accident and deposed that after the accident, he saw the maruti van on the kachha road on the left side, if one faces agacaim and its two front tyres were in the ..... perusal of the sketch discloses that the width of the road on which the accident occurred was 9.85 metres and the brake marks of the maruti van driven by the accused are near the dividing line of the road proceeding from agacaim to panaji and brake marks have ..... to the suggestion that there was no slope at the spot of accident and, therefore, there was no question of the accused riding in fast speed, the witness stated that there was .....
Tag this Judgment!Court : Mumbai Goa
..... learned additional sessions judge-2, upon appreciation of the evidence led by the prosecution held that the prosecution was not successful in proving that the accident occurred on account of rash and negligent driving by the accused and consequently acquitted the accused for the offences for which he was convicted by the learned magistrate. ..... it is the case of the prosecution that the accident occurred on account of rash and negligent driving of the bus by the accused. ..... moreover, neither the evidence of pw6 sandesh dessai, the pancha witness nor pw7 asi ashok shet establishes the point of impact of the two vehicles which is very important in vehicular accident involving two vehicles. ..... the evidence of pw2 rajesh nadkarni, did not prove that accused drove the vehicle in rash and negligent manner resulting in the accident. .....
Tag this Judgment!Court : Mumbai Goa
..... learned additional sessions judge-2, upon appreciation of the evidence led by the prosecution held that the prosecution was not successful in proving that the accident occurred on account of rash and negligent driving by the accused and consequently acquitted the accused for the offences for which he was convicted by the learned magistrate. ..... it is the case of the prosecution that the accident occurred on account of rash and negligent driving of the bus by the accused. ..... moreover, neither the evidence of pw6 sandesh dessai, the pancha witness nor pw7 asi ashok shet establishes the point of impact of the two vehicles which is very important in vehicular accident involving two vehicles. ..... the evidence of pw2 rajesh nadkarni, did not prove that accused drove the vehicle in rash and negligent manner resulting in the accident. .....
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