STATE OF KARNATAKA Vs. THASLIM AHAMMED

JUDGEMENT

(1.) This appeal filed under Sec. 378(1) and (3) of Cr.P.C. is by the State challenging the impugned judgment and order dtd. 17/6/2013, in C.C.No.799/2012 on the file of II Addl.Civil Judge and JMFC., Shivamogga, whereby the trial Court acquitted the accused for the offences punishable under Ss. 279 and 304-A of I.P.C.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) Based on the complaint filed by Sri.V.Suresh, and after completing investigation, charge sheet came to be filed against accused alleging that on 25/1/2012, at 8.30 p.m., deceased Venkatesh was proceeding on his Bajaj M80 vehicle bearing registration No.KA-17/H-8088 in front of Pooja Medicals on N.T.Road, Shivamogga,. At that time accused being the driver of lorry bearing registration No.CTX-9007 came in a high speed in a rash or negligent manner from New Mandli side and dashed against the Bajaj M80. As a result of the accident, deceased Venkatesh fell down on the road and the right front and rear tier of the lorry ran over him and he died on the spot.