STATE OF KARNATAKA Vs. NISAR

JUDGEMENT

(1.) Appellant/State feeling aggrieved by the judgment of acquittal passed by the learned Chief Judicial Magistrate, Karwar, in C.C.No.548/2013 dtd. 13/10/2015 has preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 29/4/2013 at 10 p.m., accused drove his lorry bearing registration No.KA-31/5705 from Goa towards Karwar with high speed in rash and negligent manner so as to endanger human life. When he reached milestone No.103-104 near Kodibag, Kapri temple cross on NH-17, accused having lost control over the vehicle dashed against the motorcycle bearing registration No.KA-30/J-5445 on it's right side which was going towards Sadashivgad from Kapri temple cross. On account of the actionable negligence of accused in driving lorry bearing registration No.KA-31/5705 accident in question occurred resulting in the death of Vilas Madhukar Anvekar, rider of motorcycle and Subhay Vilas Anvekar, pillion rider, who succumbed to the injuries suffered by them in the accident while they were taken to Bombolin Hospital at Goa. Another inmate of the motorcycle - Pratik sustained grievous injuries. On these allegations made in the complaint, Investigation Officer after completion of investigation filed charge-sheet against the accused for offences punishable under Ss. 279, 337 and 304 (A) IPC.