STATE OF KARNATAKA Vs. NATARAJ

JUDGEMENT

(1.) This appeal arises out of the judgment of acquittal dtd. 30/4/2013 in C.C.No.1141/2010 passed by the learned Civil Judge & JMFC, Shikaripura (hereinafter referred to as 'learned JMFC' for brevity) wherein the respondent/accused was acquitted for the offences under Sec. 279 of and 304A of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC ' for brevity) and also for offences under Sec. 134 of the IMV Act.

(2.) The brief case of the prosecution is that on 6/7/2010 at about 6.00 p.m., on Mathikote-Shikaripura road, Shivanagowda / PW-2 was riding his Hero Honda Splendor Plus motor bike bearing Registration No.KA- 27/O-8764 and proceeding from Hadrihalli village towards Mathikote along with his wife and three year old daughter. When he came near Baganakatte Cross, the accused being the driver of the lorry bearing Registration No.KA-01/AG- 4658 came from Shikaripura side in a rash and negligent manner so as to endanger human life and dashed against the Hero Honda which was coming in the opposite side. As a result, the wife of the PW-2 namely Manjula, fell down on the right side of the road and right side rear wheel of the lorry ran on her and she succumbed to the injuries on the spot. On a complaint being filed by PW-1 / Basavanagowda, the Investigating Officer who registered the case after conducting investigation, filed a charge- sheet against the accused.

(3.) In order to prove its case, the prosecution examined in all eight witnesses as PW-1 to PW-8 and got marked Exhibits P1 to P10. The respondent/accused denied the evidence of prosecution in his statement recorded under Sec. 313 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity). On behalf of respondent/accused, he has neither examined nor produced any documents. After hearing the arguments, the Trial Court acquitted the accused. Aggrieved by the judgment of acquittal, the State has preferred this appeal.