IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO. 20 OF 2010 SHRI. SAWALO NARSHINVA GAD ... Petitioner Versus STATE, THROUGH PUBLIC PROSECUTOR, ... Respondent Mr. Iftikar Agha, Advocate for the applicant. Mr. C. A. Ferreira, Public Prosecutor for the State. Coram:- U. D. SALVI, J. Date:- 7th June, 2010 P.C. The applicant/accused has challenged the concurrent findings of the Additional Session Judge-I, Panaji and Judicial Magistrate, First Class, Ponda holding him guilty for the offences punishable under section 279,337 and 304-A of Indian Penal Code, 1860 in Criminal Case no.66/S/07/C vide Judgment dated 23.11.2009 on the grounds:- (i) that the final sentence awarded is not in tune with the specific observations regarding the sentences on each count and directions making them run concurrently; (ii) and that findings are not in consonance with the evidence on record. 2. It was/is the case of the prosecution that the truck driven by the applicant/accused went to the extreme right side of the road, dashed mini bus and further went ahead to dash a pedestrian Smt. Laxmi Gaude fatally and her grand daugther Vatika Gaude,to cause simple injuries. Learned Trial Court did consider the entire evidence, and rhetorically but succinctly observed the culpability of the applicant/accused in following terms:- " At any rate it was for the driver of the truck to justify what was his truck doing on the opposite land or rather beyond it. This has not been done." This observation has remained unscathed in the appeal against the judgment of the Trial Court. 3. Besides the oral testimonies the circumstances revealed through the evidence justify the findings of the Courts below. It has been further pointed out that the victim Laxmi Gaude died of blunt impact injuries, obviously as the result of fatal dash. The learned trial Court observed that it was clear case of negligence on the part of the accused while driving his truck on the road which has caused damage to the bus, simple injuries to Vatika Gaude and death of Laxmi Gaude. No substance is seen in the present Criminal revision application except revelation of flaw in awarding sentence. 4. At this stage learned Advocate Mr. Agha for the applicant/accused submitted that considering the age of the accused and his responsibility as a family man supporting two children, the sentence imposed under section 304-A of the Indian Penal Code be reduced to 6 months with communserate hike in the fine amount. Perusal of the Judgment of the Trial Court reveals that the learned JMFC, did consider this submission at length and observed:- 'that the accused who desperately wants to remain a family man, ought to have exercised that option not at this stage, but when he was driving the truck on that day.' This observation cannot be faulted. Section 304-A has been incorporated in law to punish every rash and negligent act which results in death and is not amounting to culpable homicide. This fact cannot be ignored. Plea for reduction of sentence under section 304-A is therefore rejected. 5. Sentences imposed on each count are therefore maintained to be undergone concurrently by the applicant/accused as mentioned in para 50 to 53 of the impugned judgment of the Trial Court dated 23.11.2009. Impugned final sentence stands modified to this extent. 6. The Applicant/Accused to surrender on 9.6.2010 for undergoing sentences awarded. 7. Criminal Revision Application no.20/2010 stands disposed off accordingly. 8. Authenticated copy of this Order shall be furnished to the Advocate for the applicant. U. D. SALVI, J. vn