STATE OF KARNATAKA Vs. NALLAYAPPA

JUDGEMENT

(1.) This is a State appeal against the judgement in C.C. No. 539/88 dated 6-7-1989 on the file of the Court of the First Additional Metropolitan Magistrate, Bangalore, wherein the respondent-accused has been acquitted of the offences under Sections 279, 337 and 304(A), IPC and under Section 3(1) and 112 of the Motor Vehicles Act.

(2.) The prosecution case is that on 13-9-1986 at about 7.45 a.m., the complainant Munivenkatappa, one Narayanappa and Gowramma were going for cooly work from Kasavanahally to Kaikondanahally. Gowramma was going in the front. About twenty feet behind her, the complainant was going. When they were going near the house of one Buddappa, from the opposite side a tempo bearing No. CAM 2567 came. The driver of the said tempo, who is the accused, drove it in a rash and negligent manner, as a result of which it came and dashed against Gowramma and Buddappa. Gowramma died at the spot and Buddappa suffered serious injuries.

(3.) Since the accused pleaded not guilty, the prosecution in support of its case, examined five witnesses P.Ws. 1 to 5 and relied upon the document Ex. P-1. The defence of the accused is one of total denial.