STATE Vs. B V MAJUNATH

JUDGEMENT

(1.) THIS appeal has been filed by the State challenging the judgment dated 10.09.2003. passed by the 3rd Metropolitan Magistrate (Traffic Court) Bangalore in C.C. No. 10145/2001 acquitting the accused respondent of the offences punishable under Sections 279, 304-A and 134 (A & B) read with Section 187 of Motor Vehicles Act.

(2.) THE case of the prosecution is that on 05.11.2000 at about 5.15 a.m., on the J.C. Road, the accused was driving bus bearing No.KA-03-381 in rash and negligent manner endangering human life thereby, he is alleged to have committed an offence punishable under Section 279, IPC. It is further alleged that on the said date, place and time, the driver of the bus has dashed against the autorickshaw and as a result of which, the passenger in the autorickshaw by name Sundar has succumbed to the injuries and thereby, he has committed offence punishable under Section 304-A, IPC. It is further alleged that after the accident, the accused being the driver of the vehicle did not inform the same to the nearest police station, nor has taken any steps to remove the injured to the hospital and ran away from the scene of occurrence, thereby, he has committed an offence punishable under Section 134 (A & B) read with 187 of Motor Vehicles Act.

(3.) HEARD Sri Vijaya Kumar Majage, learned HCGP for the appellant and Sri J. Prakash, learned Counsel for the respondent.