STATE OF KARNATAKA Vs. MOHAMMED RAFIQ

JUDGEMENT

(1.) This appeal is fi led chal lenging the judgment dated 01.08.2013 passed by JMFC. Court, Siruguppa in CC No.370/2011 acquitting the accused for the offence punishable under Sections 279, 304(A) of IPC r/w Section 183 of I.M.V. Act.

(2.) Brief facts giving rise to this appeal are as under: Complaint was f i led by one M.Chikkanna on 14.04.2011 at 5 a.m. stating that on 14.04.2011, he was herding his sheep and taking them from Bairapur to towards Halekote at about 3 a.m. near bus stand Tekkalakote, when he was ahead of K.C.Chandra, he heard a cry and on looking back, he saw that KSRTC Bus bearing No.KA- 36/F-791 had dashed against his uncle s son K.C.Chandra and also f ive sheep, due to which K.C.Chandra and five sheep died on the spot. On enquiry, he found the name of KSRTC bus driver as Mohammed Rafiq S/o Ladelsab and sought for his prosecution.

(3.) The complaint was registered by Tekkalakote Pol ice Station, Siruguppa taluk as Crime No.31/2011.