STATE OF KARNATAKA Vs. N JAYAPAL SHETTY

JUDGEMENT

(1.) THE appellant State has challenged the judgment acquitting the respondent for the charges under Sections 279, 304 -A IPC and Sec. 113 r/w 194 of IMV Act.

(2.) THE facts reveal that on 4/11/2008 at 10 p.m., the respondent who was the driver in the bus bearing No. KA 20 B 2373 was proceeding on the road with overloaded luggage on the top of the bus. The said luggage hit the branch of a tree and thereby the branch fell on a motor cycle rider who sustained injuries and succumbed to the said injuries in the hospital during treatment. In the aforesaid circumstances, a complaint was filed for the offence under Sec. 279, 304 -A of IPC and 113 r/w 194 of MV Act.

(3.) AS could be seen from the findings of the First Appellate Court, it was of the opinion that the luggage which was on the top of the bus hit a branch of the tree on the way and in turn the branch of tree fell on the motor cycle rider who sustained injuries and died in the hospital during treatment.