Daijiworld Media Network - Panaji

Panaji, Aug 24: A North Goa court has directed Wilson De Araujo to face trial on charges of culpable homicide not amounting to murder and rash and negligent driving in connection with a December 2024 Mahindra Thar crash that killed a father and his minor daughter.

The accident took place on December 29 at around 4.30 p.m. near Vishal Mini Mart in Agasaim.

According to the case, De Araujo was allegedly overtaking another vehicle in the Thar when he crossed into the opposite lane and collided with an oncoming scooter. The scooter and its occupants were dragged for about 8.6 metres from the point of impact.

The scooter rider, Rajesh Naik, and his minor daughter, Shravi, later died of their injuries. Shravi’s mother, Ranjana, suffered grievous injuries that resulted in the loss of her right leg.

Appearing for the accused, advocate K Raikar argued that the case should have been registered under Section 106 of the Bharatiya Nyaya Sanhita (BNS), relating to causing death by negligence, instead of Section 105, concerning culpable homicide not amounting to murder.

Raikar contended that there was no premeditation, the accused did not know the victims and the two-wheeler was allegedly travelling in the middle of the road.

The defence also questioned the alcohol estimation report, arguing that the level mentioned in it was too high to be credible. Raikar further submitted that the investigating officer had failed to conduct a test identification parade.

During the proceedings, CCTV footage of the accident was played in open court in the presence of the public prosecutor and defence counsel.

Referring to the scene-of-offence panchanama and sketch, the court observed that the Thar was “totally on its wrong side of the road”.

The court also noted skid marks of the Activa scooter measuring 0.86 metres and observed that the manner in which the accused allegedly overtook and crossed onto the wrong side indicated that he had knowledge that such an act was likely to cause death.

Additional Sessions Judge-2, Merces, Tiswadi, Shilpa S Pandit, said that considering the manner of the incident, the panchanama, sketch and statements on record, the ingredients of the alleged offences were made out.

The court also took into account the statement of co-occupant Pedro Gomes, who identified De Araujo as the driver, along with statements from Lovekush and injured survivor Ranjana Naik.