STATE OF KARNATAKA Vs. SHIVARAJU

JUDGEMENT

(1.) THE State has challenged the judgment and order acquitting the respondent for the offences punishable under Sections 279, 337 and 304A of IPC and Section 134 (a) and (b) r/w Section 187 of the Motor Vehicles Act.

(2.) THE facts reveal that on 14.09.2007 at about 7.30 a.m., the complainant, his wife and children were cutting tobacco leaves in their land and they kept the same on the footpath of the road. At about 9.00 a.m., a goods auto rickshaw bearing registration NO.KA -45 -1430 came from Mokodu driven by its driver in a rash and negligent manner so as to endanger human life and dashed against the son of complainant Rama (deceased), as a result, he fell down and sustained head injury and died at the spot and complainant sustained simple injuries. The accused did not inform the police about the incident and also he did not provide medical treatment to the injured. On that basis, the police have registered a case against the respondent for the offences punishable under Sections 279, 337 and 304 -A of IPC and u/s 134 (a) and (b) of Indian Motor Vehicles Act at Ex.P1 and thereafter the police conducted the spot mahazar at Ex.P2 and the Inquest report on the body of deceased at Ex.P4. The post mortem report of the deceased at Ex.P3. The statements of witnesses were recorded. The Motor Vehicle Inspector inspected the vehicle and report was obtained at Ex.P5. After completion of the investigation, charge sheet was laid against the respondent for the aforesaid charges.

(3.) THE prosecution examined in all PWs 1 to 9 and got marked documents Exs.P1 to P6(a). After recording the statement of accused under Section 313 of Cr.P.C., the trial Court heard the counsel and convicted the respondent for the offences punishable under Sections 279, 337 and 304(A) of IPC and Sections 134 (A) and (B) r/w Section 187 of IMV Act and sentenced him to undergo simple imprisonment for a period of 6 months for the offence punishable under Section 279 of IPC and to pay fine of Rs.600./ - in default, to under go S.I for one month; to under go S.I. for one month for the offence under Section 337 of IPC and to pay a fine of Rs.500/ - in default to undergo simple imprisonment for Six days; to undergo S.I for six months for the offence punishable under Section 304 -A of IPC and to pay a fine of Rs.1,000/ - in default and to under go S.I for one month and to pay a fine of Rs.300/ - for the offences punishable under Sections 134(a) and (b) r/w section 187 of IMV Act, in default to undergo S.I for 5 days. Being aggrieved by the conviction and sentence, the respondent filed an appeal before the Sessions Judge and the said appeal came to be allowed by setting aside the judgment and order of conviction and sentence and acquitted the accused of the aforesaid offences. Being aggrieved by the said judgment and order, the State has preferred this appeal.