STATE OF KARNATAKA Vs. MUHAMMEDKUNHI M.

JUDGEMENT

(1.) The State has preferred this appeal against the judgment of acquittal passed by the Additional Civil Judge and JMFC, Mudigere in CC.No.243/2014 dtd. 5/11/2015, (for short hereinafter referred to as 'trial Court').

(2.) The rank of the parties in this appeal are referred to as per their status before the trial Court.

(3.) Brief facts of the prosecution case are that on 18/2/2014 in the morning at about 7.15 within the jurisdiction of Banakal police station in the Horatti village on the Kenjige road when the son of CW1 was standing to cross the road at that time the accused being the driver of the lorry bearing No.KA.01-AB-2876 came in a rash and negligent manner which endangers the human life and dashed against the son of CW1/PW1 and without stopping the lorry, the accused ran away. As a result, the son of PW1 fell down and sustained injuries upon his head and leg and succumbed due to the said injuries while taking him to the hospital and thus accused has committed the offences punishable under Ss. 279, 304(a) of IPC and 187 of IMV Act.