STATE OF KARNATAKA Vs. RAJU S/O SIDDAPPA

JUDGEMENT

(1.) The respondent (accused) was tried for an offence punishable under Sections 279 and 304A IPC and Section 134(a) (b) of Indian Motor Vehicles Act, on the allegations that during intervening night of 31.12.2006 and 1.1.2007, at 0.45 a.m., accused being driver of lorry bearing No.KA 09 5371, drove the lorry at high speed on Mysore Bangalore road in Siddalingapura Village within jurisdiction of N.R. Traffic Police Station and dashed the lorry against motor cycle ridden by deceased Kiran and the lorry ran over deceased causing his instantaneous death. The learned Trial Judge has acquitted accused. Therefore, State is before this Court.

(2.) I have heard learned Government Advocate for State and learned counsel for accused.

(3.) It is not in dispute and cannot be disputed that deceased Kiran, PW1, PW3 and another person by name Raju were residents of Mysore City and they had gone to a non-vegetarian hotel at Baburayana Koppalu on the eve of new year s day. The distance between Mysore and Baburayana Koppalu is 30 kms. It is the case of prosecution that during intervening night of 31.12.2006 and 1.1.2007, deceased Kiran, PW1 Vinaya Kumar, PW3 Raju and Umesh were returning on their motor cycle to Mysore. They were riding separate motor cycles. When they were proceeding near Pallavi Daba situated at Siddalingapura Village on Bangalore-Mysore Road, accused drove lorry at high speed and dashed lorry against motor cycle ridden by deceased, from its behind and lorry ran over the deceased, causing his death.