STATE OF KARNATAKA Vs. SHIVARAJ

JUDGEMENT

(1.) THIS appeal is by the State against the order of acquittal passed by the JMFC, Manvi in CC No. 40/2009 dated 25.06.2009 acquitting the accused for the offence punishable under Sections 279 and 338 of IPC and also under Section 187 of the Motor Vehicles Act. According to the prosecution, on 23.09.2008 around 6.00 p.m. near Pothnal -Bennur road near the church, the accused drove the auto rickshaw bearing No. KA -36/8414 in a rash and negligent manner and suddenly applied brake without any signal, due to which one Siddamma who was travelling in the said auto fell down from the auto rickshaw and sustained injuries on the head and other parts of the body. The case was registered against the accused for the offence punishable under Sections 279 and 338 of IPC and also under Section 187 of the Motor Vehicles Act and after investigation the police filed charge sheet.

(2.) SINCE the accused pleaded not guilty and claimed to be tried, the trial Court proceeded to record the evidence. During the trial, the prosecution examined in all 9 witnesses and got marked the documents at Ex. P.1 to P.6. Thereafter, the accused was examined under Section 313 of Cr.P.C. After hearing, the accused has been acquitted by the trial Court on the ground that the case against the accused is not proved beyond reasonable doubt and also opining that there is no evidence on record to the effect that accused drove the auto in a rash and negligent manner and due to sudden apply of brakes, CW -6 Siddamma who was travelling in the said auto fell down from the auto and sustained injuries and that after the accident, the accused has not shifted the injured to the hospital and given treatment. P.Ws. 3 to 5, in their evidence, have spoken about the involvement of the accused and negligence in causing the accident. The evidence of P.Ws. 3 to 5 who were the inmates of the auto -rickshaw is to the effect that without giving signal, all of a sudden the accused applied brake due to which C.W. 6 Siddamma fell down and sustained injuries and she had been treated at Opec Hospital, Raichur. The defense taken by the accused is that near the place of accident, there was Gobar Gas plant and there was bad smell. Siddamma being unable to tolerate the bad smell tried to spit and in the process, lost control and fell down from the auto and sustained injuries. I have perused the evidence of the witnesses examined by the prosecution. There is sufficient evidence on record to hold the accused guilty of the offences punishable under Sections 337 and 338 of IPC. Accordingly, the order of the trial court acquitting the accused is set aside and the accused is convicted and sentenced to pay a fine of Rs. 500/ - each for the offence punishable under Sections 337 and 338 of IPC and in default of payment of fine, the accused shall undergo simple imprisonment for 15 days. Accordingly, the appeal is allowed in part. Send back the records.