STATE Vs. JAISINGH

JUDGEMENT

(1.) In this appeal filed under Section 378(1) & (3) of Cr.P.C., the State has questioned the legality and correctness of the judgment and order dated 05.11.2004 passed by the Sessions Judge, Mandya, in Criminal Appeal No.50/2002 allowing the said appeal and acquitting the respondent/accused of the charge levelled against him for offence punishable under Section 304-A of IPC in reversal of the judgment and order dated 27.06.2002 passed by the Principal Civil Judge (Sr.Dn.) and JMFC, Srirangapatna in C.C. No.27/1999.

(2.) The respondent was chargesheeted by Srirangapatna police for the offences punishable under Sections 279, 337 and 304-A of IPC inter alia alleging that at about 4.30pm on 04.03.1999, the accused, as driver of the bus bearing registration No. KA-09-F-2005 drove the said bus from Bangalore towards Mysore in a rash and negligent manner endangering human life and near Ganangoor Tittu, he dashed against the Ambassador Car bearing registration No. MYD-6305 coming from the opposite direction and caused the death of four inmates of the said car apart from injuries to others.

(3.) The respondent/accused pleaded not guilty for the charges levelled against him. The prosecution examined PWs.1 to 21 and relied on documentary evidence-Exs.P1 to P16.