STATE OF KARNATAKA Vs. APPANNA

JUDGEMENT

(1.) THE State has challenged the judgment and order acquitting the respondent for the charges under Sections 279, 337, 338, 304 -A IPC on a trial held by the Chief Judicial Magistrate, Mandya. The facts reveal that on 28.5.2002 at about 5.30 a.m. the respondent was driving the bus bearing Registration No. KA.09/F. 2482 on Bangalore -Mysore road and drove it in a rash and negligent manner and hit the cart (with tyre wheels) of PW.1 -Thimmegowda from its hind side and thereby caused injuries to PWs.1, 2 and Sagar (the deceased). During the treatment, Sagar succumbed to the injuries. On a complaint filed by PW.1, a case was registered for the aforesaid offences and during investigation the statements were recorded. Inquest on the body of the Sagar was held as per Ex.P2 and the injury certificates Exs.P3 and 4 were collected. Ex.P6 is the spot mahazar. On completion of the investigation, a charge sheet came to be laid against the appellant for the said charges. During the trial, the prosecution examined PWs. 1 to 7 and got marked Exs.P1 to P7 in their evidence. Statement of the respondent was recorded under Section 313 Cr.P.C. The trial Court after hearing the counsel for the parties and on appreciation of the material on record acquitted the respondent for the said charges. Aggrieved by the acquittal, the State has preferred this appeal.

(2.) I have heard the learned High Court Government Pleader for the appellant -State and also the learned counsel for the respondent.

(3.) IT is the submission of the learned High Court Government Pleader that PWs.1 to 3 are the injured witnesses and their evidence is sufficient to prove the respondent guilty for the said charges. He submits that the acquittal order by the trial Court is erroneous and illegal.