THE 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.) HEARD the Learned Government Pleader appearing for the State and Sri. P. Nataraju, learned counsel appearing for the respondent.