STATE OF KARNATAKA Vs. MUTTAPPA BHIMAPPA KOKATANUR

JUDGEMENT

(1.) The State has preferred this appeal against the Judgment of acquittal passed by the Judicial Magistrate First Class, Bhatkal in Criminal Case No.669/2013 on 14/3/2016.

(2.) The brief facts leading to this appeal are that, Bhatkal Town Police submitted a charge sheet against the accused for the offences punishable under Ss. 279 , 337 , 338 and 304(A) of IPC. It is alleged by the prosecution that on 27/4/2012 at about 8.45 p.m. on NH-17 from Mangaluru towards Bhatkal near Moodbhatkal, the accused drove the bus bearing No.KA-25/C-5975 in a rash and negligent manner endangering human life, lost control over the bus and dashed against the Tempo Trax bearing No.KA-17/A-9514, due to which nine inmates of Tempo Trax died on the spot and another fourteen inmates sustained grievous and simple injuries, so also, passengers in the offending Bus also sustained grievous injuries. Accordingly, the passengers of Tempo Trax had filed a report to the Bhatkal Town Police Station. After filing the charge sheet, cognizance was taken against the accused for the offences punishable under Ss. 279 , 337 , 338 and 304(A) of the IPC and a case was registered in Criminal Case No.669/2013. The substance of plea of the accused for the above said offences was read over and explained to him; accused pleaded not guilty and claimed to be tried.

(3.) To prove the case of prosecution, in all, 21 witnesses were examined as PWs1 to 21 and got marked 48 documents as Exs.P1 to P48. On closure of prosecution side evidence, statement of accused as required under Sec. 313 of Cr.P.C. was recorded, wherein the accused has totally denied the evidence appearing against him. He has not chosen to adduce any defence evidence on his behalf.