K. KESHAVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the appellant is against the judgment dtd. 23/2/2013 passed in Criminal Appeal No.161 of 2009 by the II Additional District & Sessions Judge, Dakshina Kannada, Mangalore (for short hereinafter referred to as the "first appellate court"), whereby, the judgment of acquittal dtd. 7/3/2009 passed in CC No.967 of 2006 by Civil Judge (Sr. Dn.) & JMFC Bantwal (for short hereinafter referred to as the "trial Court"), came to be set aside.

(2.) For the sake of convenience, the parties herein are referred to as per their ranks before the trial court.

(3.) Brief facts leading to this appeal are that the Vitla Police submitted the charge-sheet against the accused for the offence punishable under Ss. 279, 337, 338 and 304-A of Indian Penal Code. It is alleged by the prosecution that on 16/6/2006, Anil Pinto along with his relatives was proceeding in a car bearing registration No.KA-21/M.2190 from Bondel to Uppinangadi. The car was driven by William Lobo with Robert Pardo and Gerald were also travelling in it. When the car reached near Surikumerupet in Mani Village of Bantwal Taluk, a bus named "Nandani," bearing registration No. KA-19/AD-9099, driven at high speed and in a rash and negligent manner, attempted to overtake a lorry. While doing so, the bus came onto the wrong side of the road and collided with the car. As a result of the accident, the occupants of the car sustained injuries. Robert sustained grievous head injury and succumbed to the injuries at the spot. At the time of the accident, one Keshava was driving the bus. Immediately thereafter, injured were shifted to Mangala Nursing Home, Mangalore, in an ambulance. After investigation, the Investigating Officer submitted a charge-sheet for the commission of the alleged offences.