MANDYA RURAL POLICE Vs. RAVI KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.8.1991 passed by the Additional Civil Judge and CJM, Mandya, in CO No. 92/ 89 acquitting the respondent/accused. The State has preferred the instant appeal with the leave as against the acquittal.

(2.) THE brief facts of the case are as follows:

(3.) THE learned Government Pleader while urging the grounds in the appeal memorandum submitted that the impugned judgment is contrary to law, facts and probabilities of the case and further not based on the evidence on record. He further argued that the learned trial court Judge had held in the impugned judgment that the identity of the accused was not established inspite of the fact that P.Ws. 1, 2, 3 and 5 have deposed in clear terms that the vehicle in question was driven by the respondent/accused. He had also drawn my attention, in this context to the observation made in para 10 of the impugned judgment by the learned trial court judge. He had also argued that the observation of the learned trial court judge that non -examination of the cleaner of the matador was fatal to the case of the prosecution was not just and proper, for according to him, it was nobody's case that it was yet another cleaner who was driving the matador van at the relevant point of time; let apart, he had also pointed out the evidence of P.W. 4, wherein P.W. 4 dearly deposed that the vehicle was driven in a rash and negligent manner, that added to it, P.W. 5 had also deposed that respondent/accused had ignored the said suggestion of P.W. 5, he drew the vehicle in a rash and negligent manner resulting in the accident in question by hitting the road side tree. He had also cited before me a decision reported in 1995 SCC (Cri) 675 on the point that High Court has full powers to review the evidence on record and arrive at independent conclusion. Therefore, he prayed that the impugned judgment passed by the learned trial court judge is not sustainable and the same is liable to be set aside. He further prayed that the appeal be allowed and the respondent/accused be convicted and sentenced in accordance with law.