(1.) This appeal is filed by the State under Ss. 378(1) and 378(3) of Cr.P.C. against the judgment and order of acquittal passed by the Addl. JMFC, Kumta, Kumta in C.C.No.878/2012 dtd. 22/4/2015, whereby the sessions judge has acquitted the accused/respondent for the offence punishable under Ss. 279, 337 and 338 of IPC and under Sec. 187 of MV Act.
(2.) For the sake of convenience parties herein are referred to their original ranks occupied by them before the trial Court.
(3.) The brief factual matrix leading to the case are that the accused was the driver of the Tipper Lorry bearing registration No.KA-47/1346 and on 15/9/2012 on NH 17 near to Mirzan, between the Km. stone No.165-166, near to Railway Bridge, within the jurisdiction of Kumta Police Station the accused drove the vehicle in a rash and negligent manner endangering human life and pubic safety and dashed the luggage Rickshaw coming from opposite direction bearing registration No.Ka-47/1012 resulting in the accident and injuries to Cw.4, Cw.5 and one master Chetan. It is further alleged that thereafter, accused without providing first aid and without informing to the nearest police station fled from the accident spot. In this regard the complaint came to be lodged. On the basis of the complaint the crime has been registered under Ss. 279, 337, 338 of IPC and under Sec. 187 of MV Act.