STATE BY NYAMATHI POLICE Vs. MALLESHAPPA

JUDGEMENT

(1.) This is State appeal against the Judgment dated 08.12.2009 passed in Crl.A.52/2009 by the II Addl. Dist. & Sessions Judge, Davangere. By the said Judgment, the Judgment of conviction and Order of sentence dated 04.04.2009 passed in C.C. No.486/2007 by the JMFC, Honnali was set aside and the respondent - accused was acquitted of the charge under Ss.279, 338 and 304A of IPC and the bail bonds were cancelled.

(2.) The case of the prosecution is, that on 23.05.2007, at about 4.30 p.m. on Arundi to Nyamati Road, in Honnali Taluk, the accused being the driver of bus bearing registration No.KA -20/D -4444 drove the same in high speed, in rash and negligent manner and hit a moped bearing registration No.KA -17/L -4372 and as a result of the accident, the rider of the moped vehicle and its pillion rider (PW -8) sustained grievous injuries and on the following day, the rider of the moped Sri Holeyappa succumbed i.e., while undergoing treatment in an hospital at Shivamogga. On the basis of a complaint vide Ex.P1, lodged by PW -1, a case in Crime No.64/2007 was registered by the appellant, on 23.05.2007, for the offences punishable under Ss. 279 and 337 IPC. In view of the death of Holeyappa, the offence under S.304A IPC was included.

(3.) After conducting investigation, PW -15 - T.S. Murugannavar, filed the charge -sheet for the offences punishable under Ss. 279, 338 and 304A IPC. In response to the summons issued by the learned Magistrate, the accused appeared and denied the charge and claimed to be tried. In order to prove its case, the prosecution examined 15 witnesses and marked 7 documents. Statement of the accused, under S.313 Cr.P.C. was recorded and he denied the incriminating evidence appearing against him in the depositions of the prosecution witnesses. He further stated i.e., when examined under S.313 Cr.P.C., that the deceased came in rash and negligent manner and hit his moped to the bus and as such the accident in question occurred.