STATE OF KARNATAKA Vs. R. M. SANDEEP

JUDGEMENT

(1.) This is an appeal filed by the State being aggrieved by the judgment dated 28.02.2014 passed by the Principal Senior Civil Judge and JMFC, Bellary in C.C.No.100/2013, where under the accused is acquitted of the offences under Sections 279, 337 and 304A of IPC.

(2.) Facts in brief leading to this appeal are that: A complaint was filed on 14.11.2012 by Smt.Mamata w/o Kumarswamy against the accused driver of car bearing registration No.KA-34/M-8128 stating that on 14.11.2012 she was traveling in the car along with her husband and two children. They were going from Srikantapura towards Toranagallu on Bangalore-Bellary road. Accused R.M.Sandeep, was driving the car. Kumarswamy was sitting in the front passenger seat, while she was sitting in the back along with children. At about 8.30 p.m., when they were near Police Firing Range on Ballari-Bangalore road, accused was driving the car in excessive speed in zig-zag manner despite instruction to drive slowly and carefully. Suddenly accused lost control over the car and it ran into road side ditch on left side and turned upside down causing fatal injuries to Kumarswamy. Kishan also sustained injuries. On her complaint, a case was registered against the accused for the offences punishable under Sections 279, 337 and 304A of IPC. After investigation charge sheet was filed. As the accused pleaded not guilty, the matter was put to trial.

(3.) To prove its case, prosecution examined 6 witnesses as PWs.1 to 6 and marked 15 documents as Exs.P1 to P15. Thereafter, the incriminating material was explained to accused and his statement under Section 313 of Code of Criminal Procedure, 1973 was recorded. The accused did not offer any explanation or sought to lead any defence evidence. Based on the evidence on record, the trial Court framed following issues;