STATE OF KARNATAKA Vs. NARAYANA

JUDGEMENT

(1.) Aggrieved by the judgment dated 08.10.2013 passed by the Additional Civil Judge and J.M.F.C. at Bhatkal (hereinafter referred to as trial Court , for short) in C.C.No.986/2012 acquitting respondentaccused for the offences under Section 279 and 304A of the Indian Penal Code ( IPC for short) and Section 134(a) and (b) of Motor Vehicles Act ( M.V.Act , for short), State is in appeal before this Court.

(2.) Brief facts of the case are that, a complaint was filed by Venkatesh Nagappa Naik stating that on 22.04.2012 he was walking by the side of the road along with Ravi Manjunath Naik, on NH-17, near Ternamakki Church. At around 2.45 p.m. they saw a motorcycle going from Murudeshwar towards Bhatkal, when a Jeep like LMV, coming from Bhatkal towards Murudeshwar dash against the motorcycle and driving away without stopping. They went near and identified the motorcycle rider as Chandrashekar s/o Durgappa Naik, from their village. He had sustained severe injuries to his head, right hand, right leg etc., and was bleeding. He was not in a position to speak. Immediately they shifted him to RNS Hospital, Murudeshwar.

(3.) On the said complaint, Crime No.43/2012 was registered at Murudeshwar Police Station. After investigation, charge sheet was filed against accused for offences under Section 279 and 304A ofi.P.C. and Section 134(a) and (b) of Motor Vehicles Act. Accused pleaded not guilty and sought trial. The prosecution examined fourteen witnesses as PW1 to 14 and got marked Exs.P1 to P22. Thereafter the incriminating material was explained to the accused, which he denied. No explanation was offered. Recording his statement under Section 313 Cr.P.C., trial Court proceeded to frame following points for its consideration: