STATE Vs. S G PRAKASH

JUDGEMENT

(1.) This appeal arises out of the judgment of acquittal dtd. 31/7/2015 passed by the Additional Civil Judge and JMFC, Channarayapatna in CC No.906/2010 whereby the respondents/accused were acquitted for the offences punishable under Ss. 279, 337, 338 and 304(A) of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC' for short).

(2.) The brief case of the prosecution is that on 14/5/2010, at about 3.15 a.m., near Kattarigattamma temple on B.M.Road, Channarayapatna, one Lalitha was proceeding in the ambulance bearing No.KA-13/A-6511 driven by accused no.2 for her treatment along with others on account of the injuries sustained by her in an accident and when the said Lalitha intended to vomit, the ambulance was stopped. At that time, the driver (accused no.1) of the KSRTC bus bearing No.KA18/F-430 came from Hassan side in a rash and negligent manner and dashed to the ambulance from hind side due to which, Lalitha and Suchitra who were in the ambulance sustained grievous injuries and died on the spot. The other inmates of the ambulance also sustained simple injuries. In this regard, a case came to be registered in Channarayapatna Rural Police Station. Thereafter, the Investigating Officer after investigation filed the charge sheet against the accused for the offences stated above.

(3.) In order to prove the case, the prosecution examined seven witnesses i.e., PWs.1 to 7 and got marked fifteen documents as Exs.P1 to P15. After hearing the arguments, the learned JMFC acquitted the accused. Aggrieved by the same, the State has preferred this appeal.