STATE OF KARNATAKA Vs. KUMAYIAN

JUDGEMENT

(1.) This appeal filed under Section 378(1) and (3) of Cr.P.C. by the State is directed against the judgment and order dated 28.2.2007 passed by the I Additional C.J.M., Mysore in C.C. No. 1072/2005 acquitting the respondent - accused of the charges levelled against him for the offences punishable under Sections 279, 338 and 304-A of IPC.

(2.) The respondent - accused was charge sheeted by the K.R. Traffic Police, Mysore for the aforesaid offences inter alia alleging that on 27.6.2005 at about 11.00 a.m. the accused while as driver of KSRTC bus bearing registration No. KA 09/F 2124 drove the said bus on Mysore - Manandavadi Road in a rash and negligent manner so as to endanger human life and near the NIE College, while over taking the bullock-cart going ahead of him dashed against a Fierro motor cycle bearing registration No. KA 09/3C.3978 driven by one Venkat along with PW.3-Ramachandra as pillion rider which came from the opposite direction and after dashing the motor cycle, dragged the motor cycle to some distance along with its rider and pillion rider and ultimately stopped the bus on the right side mud road and as a result of this, the rider as well as the pillion rider sustained grievous injuries and subsequently the rider of the motor cycle succumbed to injuries and thus the accused has committed the aforesaid offences.

(3.) The respondent, upon service of summons, appeared before the learned Magistrate and pleaded not guilty for the charges levelled against him and claimed to be tried. To bring home the guilt of the accused, the prosecution examined PWs. 1 and 2 who were stated to be the eye-witnesses to the accident, PW.3-pillion rider and two other witnesses as PWs. 4 and 5. Exs.P.1 to P. 10 were marked.