(1.) THIS appeal is preferred by the appellant/complainant aggrieved by the judgment and order dated 05.10.2009 passed in C.C.No.1/2005 by the Chief Judicial Magistrate, Kodagu, Madikeri, acquitting the respondent/accused for an offence punishable under Section 304 -A of IPC.
(2.) BRIEF facts which gave rise to this appeal are as under: The appellant -K.K. Shripathi Hebbar is working in Bengaluru. He has got his properties at Madikeri, where his sister is residing along with her family members. On 17.04.2001, son of the complainant -Kiran Hebbar, aged about 10 years and the daughter of sister of the complainant - Kum. Akshatha, aged about 12 years fell into a pond dug up by the accused, who is running a brick factory in the process of excavating the mud for manufacture of bricks. Both the children drowned in the pond and died. The information was given to the complainant who was at Bengaluru. He rushed to Madikeri and informed the police. The police did not take any action. As such, the complainant lodged a private complaint before the Magistrate against the accused for the offence punishable under Section 304 -A of IPC. It was referred to the police under Section 156(3) of Cr.P.C for investigation and report. The police investigated into the matter and filed 'B' report. The complainant filed protest petition and thereby he led his evidence and that of evidence of his witnesses. The learned Magistrate on appreciation of evidence held that there was no negligence on the part of the accused -owner of the brick factory and thereby acquitted the accused by impugned judgment and order.
(3.) AGGRIEVED by the acquittal of the accused, this appeal is preferred by the complainant.