STATE OF KARNATAKA Vs. RUPESH BABU KATKE

JUDGEMENT

(1.) This criminal appeal is filed by the State challenging the judgment dated 06.06.2007 passed by the Prl. J.M.F.C., Honnavar in C.C.No.17/2007, acquitting the respondent of the offences punishable under Sections 279, 337, 338 and 304-A of IPC.

(2.) It is the case of the prosecution that on 17.09.2006 at about 4:30 p.m. when the complainant's vehicle was going from Honnavar side towards Bhatkal side, a lorry bearing registration No.MH-12/CT-9745 came in a rash and negligent manner and hit the Scorpio vehicle driven by the complainant's relative. As a result of which one Ammukutti Thomas died on the spot, thereby the accused being the driver of the said lorry is alleged to have committed offences under Sections 279, 337, 338 and 304-A of IPC.

(3.) In order to prove the case, the prosecution has examined in all 13 witnesses and got marked Exs.P1 to P18. The defence of the accused was one of total denial, though he has admitted the driving of the vehicle on the date of offence. The learned Magistrate after carefully scrutinizing the evidence on record has rendered a judgment of acquittal acquitting the respondent-accused of the offence charged against him. The state has filed this appeal.