STATE Vs. SHIVASHANKARAPPA

JUDGEMENT

(1.) Sri Ashok Mulge is requested to assist the Court as Amicus Curiae.

(2.) This appeal is filed by the State against the judgment and order or acquittal dated 10.4.2008 passed by the Principal JMFC (II), Bidar in CC.390/2007. The respondent-accused was tried for the offences punishable under Sections 279, 337, 304A IPC r/w. Section 187 of IMV Act.

(3.) Case of the prosecution in brief is that at 11.00 a.m. on 3.12.2006, the respondent being the driver of the lorry bearing Regn.No.KA-25-B-1809 drove the lorry in a rash and negligent manner on Bidar-Chidri Road and dashed against the back portion of Tom Tom (mini door auto) bearing Regn.No.KA-38- 1486. Due to impact Jagadevi who was travelling in Tom Tom fell on the road and the lorry ran away on her body. Certain other persons who were travelling in Tom Tom also sustained injuries. Thereafter the accused ran away from the scene of offence without informing the same to the concerned police. Jagadevi succumbed to the injuries sustained during the accident while taking the treatment.