STATE OF KARNATAKA Vs. SURENDRA NAIK N

JUDGEMENT

(1.) Though the matter is listed for compliance of office objections, it is taken up for final disposal with the consent of learned High Court Government Pleader.

(2.) The State has challenged the judgment and order acquitting the respondent for the charge under Sections 279 and 304-A IPC read with Section 184 of the Motor Vehicles Act, 1988 (hereinafter called as 'MV Act' for short).

(3.) The facts reveal that on 19.09.2009 at about 11.30 a.m. when a pedestrian was crossing the road, the respondent who was riding the motorcycle bearing registration No. KA-04-EP-7726 came in a rash and negligent manner and hit the pedestrian, thereby the pedestrian fell down and sustained injuries and later, he succumbed to the injuries sustained in the said accident. On a complaint by his son PW1 - Kantharaj, investigation was taken up and spot mahazar (Ex.P2) was held in the presence of attesting witnesses, the sketch (Ex.P3) was drawn. Statement of the witnesses were recorded. The body was subjected to postmortem examination and postmortem report (Ex.P9) was secured. The moped was inspected by the Motor Vehicle Inspector and report (Ex.P4) was collected. On completion of the investigation, chargesheet was laid against the respondent for the aforesaid charges. During the trial, the prosecution examined PWs.1 to 13, got marked documents Exs.P1 to P10.