STATE Vs. RATHNAMMA AND ORS

JUDGEMENT

(1.) The State has challenged the acquittal order of respondent for the charge under Sections 279, 337 and 304A IPC and under Section 134 of MV Act, on a trial held by learned JMFC, Shikaripura.

(2.) The facts reveal that on 19.08.2010 at about 1.45 p.m. the road at the place of incident was being repaired and PWs.1 to 3, the injured and deceased Parashuram were repairing the road by filling the pits. The tractor was used for the purpose of bringing soil to fill the pits. At the relevant point of time, at the place of incident, when the tractor was to be turned, it is alleged that the driver of the tractor drove it in a rash and negligent manner and thereby trailer turtled and in the occurrence, Parashuram sustained severe injuries and died on the spot and PWs.1 to 3 sustained injuries and on a complaint in this regard, investigation was held and the spot mahazar (Ex.P2) was drawn. The vehicle was examined and the IMV report (Ex.P3) was secured. The body of the deceased was subjected to postmortem examination and report (Ex.P4) was secured. The injured was examined and the injury certificate (Exs.P5 to 7) were collected.

(3.) Heard the learned High Court Government Pleader.