STATE OF KARNATAKA Vs. YASHODHARA B.

JUDGEMENT

(1.) Appellant-State has preferred this appeal against the judgment of acquittal dtd. 23/3/2016 passed in Criminal Case No.2805 of 2014 by the JMFC (II Court), Mangaluru (for brevity, hereinafter referred to as the "trial Court").

(2.) For the sake of convenience, the parties in this appeal are referred to as per their status and rank before the trial Court.

(3.) The case of prosecution is that on 1/4/2014, at about 10.20 am on National Highway-66 in Idya village in front of Sharat Bakery, the accused drove the motorcycle bearing registration No.KA-19/EH-1556 towards Udupi in a rash and negligent manner so as to endanger to human life and dashed the same against the pedestrian Smt. Rukmini Salian, who received fatal injuries and succumbed to death. It is the further case of prosecution that, pillion rider Varun Bangera- CW5, also sustained grievous injuries and the accused himself sustained simple injuries in the said accident and thus the accused has committed the offence punishable under Ss. 279, 337 and 338 and Sec. 304-A of the Indian Penal Code.