STATE Vs. RAMACHANDRA ARJUN KALYANKAR

JUDGEMENT

(1.) Heard the learned Government Pleader and the learned counsel for the respondent.

(2.) The present appeal is filed by the State against a judgment of acquittal passed in favour of the respondent.

(3.) The facts leading up to the case are as follows- One, Ibrahim Baba of Honnavar was the complainant. According to the complaint, on 15.08.2006 at about 10.15 a.m., the complainant was standing near the Roshan Mohalla Urdu School on Honnavar-Bhatkal road, at which point of time, it is said, a school going child namely Sukra D/o. Shahul Hameed, aged about 12 years, was returning from school and probably proceeding towards her house. At that point of time, a lorry loaded with manganese was moving towards Bhatkal from Honnavar, and it is alleged in the complaint that lorry was driven in a rash and negligent manner and the lorry was driven on the extreme left side of the road and had dashed against the deceased, as a result of which, she was bodily lifted and thrown on to the middle of the road and was caught under the right wheel and she was dragged for about 60-70 ft. and it is only thereafter, the lorry was brought to a stop because of the high speed at which it was travelling. The driver is said to have promptly jumped out of the vehicle and ran away, the child Sukra had succumbed to the injuries, on the spot. It is further alleged that the accident was caused only on account of the rash and negligent driving of the accused respondent herein. In the above background, a case was registered in Crime No. 168/2006. The police after having completed the formalities and having recorded statement of witnesses on 18.08.2006, the respondent had voluntarily surrendered before the police and was taken into custody.