STATE OF KARNATAKA Vs. RAJEGOWDA

JUDGEMENT

(1.) State has preferred this appeal against the judgment of acquittal dtd. 21/11/2017 passed in Criminal Case No.281 of 2016 by the Chief Judicial Magistrate, Karwar (for brevity hereinafter referred to as the "trial Court").

(2.) For the sake of convenience, the parties herein are referred to with their status and rank before the trial Court.

(3.) The factual matrix of the case are that the Circle Inspector of Police, Karwar, has filed charge-sheet against the accused for the offences punishable under Ss. 279 and 304(A) of Indian Penal Code. It is alleged by the prosecution that on 10/3/2016 at about 10:15 PM, accused being the driver of lorry bearing registration No.KA-02/AE-0018 drove the same on NH-66-Panaji-Mangalore Highway, in a high speed and rash and negligent manner so as to endanger human life and personal safety of others and dashed against the motorcycle being ridden by Manjunath Sairoba Kumtekar who was proceeding from Karwar towards Sadashivgad. The impact of the accident is that the rider of the motorcycle died. Thus, the accused has committed the offences punishable under Ss. 279 and 304A of Indian Penal Code.