STATE Vs. IMTIYAZ AHAMED

JUDGEMENT

(1.) This appeal is filed by the appellant-State being aggrieved by the judgment and order of acquittal dtd. 11/3/2014 in C.C. No.433/2012 on the file of the Principal Civil Judge and JMFC, Harihar, wherein the Trial Court has acquitted the accused for the offences punishable under Ss. 279 and 304-A of the Indian Penal Code (for short 'IPC').

(2.) The rank of the parties in the Trial Court henceforth will be considered accordingly for convenience. Brief facts of the case :

(3.) On 27/2/2012 at about 5.00 p.m., the deceased Mudenur Pakirappa was sitting on the dais (Katte) of Hirekerur Durgamma Temple of Sunagar Oni of Harihar City. It is stated in the complaint that he was sitting on the dais by stretching his leg towards the land. At that time, the accused being the driver of the Maruthi Omni van bearing registration No.KA-17/M-2726 drove the said vehicle in a rash and negligent manner proceeding towards Kailas-Imam Nagar Road, dashed against the deceased Pakirappa, as a result, the said Pakirappa sustained injuries to his leg. Thereafter CW2 ' Raghavendra and CW3 ' Basavaraj have shifted Pakirappa to C.G. Hospital, Davanagere for treatment. After taking treatment from C.G. Hospital, Davanagere, he was discharged from the Hospital on 15/3/2012. However, he died on 23/3/2012 at 3.00 p.m. On the same day, Smt.Sarojamma who is the wife of the deceased examined as PW.2 lodged a complaint before the jurisdictional police and the jurisdictional police have registered a case in Crime No.27/2012 for the offences punishable under Ss. 279 and 337 of the IPC. After the death of the said Pakirappa, the provision under Sec. 304-A was incorporated. The jurisdictional police have conducted the investigation and submitted the charge sheet.