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PANAJI
In her judgment, acquitting the driver Datta Sawal, JMFC Saee Prabhudessai observed that the testimony of the only eye witness in the case falsified the complaint that Sawal drove in a rash and negligent manner, ran over the right leg of one Anjani Shirodkar and resulting in her death.
Of the six witnesses it examined, the prosecution claimed that one Bhikaji Masurkar was an eye witness to the accident.
In his testimony, Masurkar stated that on September 7, 2012, at around 6 pm, he was at the KTC bus stand when one municipality vehicle entered the terminus for inspection. The hawkers sitting at the bus stand began running with their belongings to evade the municipal officers. In the melee was one old lady, identified as Anjani Shirodkar, who was also running. However, she fell down near the city bus driven by Sawal.
When Masurkar went to the spot, he saw that the bus had gone over Shirodkar’s leg. She was thereafter shifted to Goa Medical College and Hospital, Bambolim.
However, Masurkar further stated that the accident occurred near the exit of the bus stand from where the buses go out. He testified that the city bus was not carrying any passengers and was proceeding ahead when Shirodkar came running from the opposite side in an
42 year-old driver mini bus driver is accused of causing death of a woman in September 2012
Driver is acquitted as the testimony of the only eye witness in the case falsifies the complaint
Of the six witnesses examined, the prosecution claims only one was an eye witness to the accident
In cross examination, sole eye witness says he went to the spot only after he heard people shouting
Police file a complaint a day after the accident and driver’s statement recorded later by a constable
Panchnama and sketch fail to identify spot of impact, shows blood stains on rear side of the bus
Prosecution fails to prove rash and negligent driving, GMC autopsy report bears no effect on trial
