STATE OF KARNATAKA Vs. C H ANEEF

JUDGEMENT

(1.) The State has filed this appeal challenging the judgment and order acquitting the respondent for the charges under Sections 279, 337, 304(A) IPC on a trial held by the JMFC, Mandya.

(2.) The respondent was prosecuted for the aforesaid charges on the accusation that on 18.8.2002 in the morning at 3.30 a.m. he drove the canter bearing Registration No.KL.13/H.5522 in a rash and negligent manner and hit the lorry bearing Registration No.KA.09/A-1359 which was parked on the side of the road and thereby said to have caused injuries to two persons. Amongst them, one died. On a complaint, investigation was held and charge sheet was filed against the respondent for the said charges. PWs.1 to 3 were examined. The statement of the respondent was recorded under Section 313 Cr.P.C. The trial Court acquitted the respondent on the ground that there is no material against him for the said charges. Aggrieved by the acquittal, the present appeal is filed.

(3.) I have heard the learned High Court Government Pleader and also Sri L.Raja, the learned counsel for the respondent.