STATE OF KARNATAKA Vs. AKRAM PASHA

JUDGEMENT

(1.) THE State has preferred this appeal challenging the acquittal of the respondent in judgment dated 30-7-2002 passed in C. C. No. 43/95 by the Principal civil Judge (Sr. Dn.) and JMFC, Srirangapatna. The respondent has been acquitted for offences punishable under Sections 279, 337, 338 and 304-A of the I. P. C.

(2.) ON 28-11-94 the complainant and his 30 to 35 relatives had gone on tour to nanjangud and K. R. Sagar travelling in a tempo. On that day, after visiting Brindavan at K. R. S. , they were returning in tempo bearing No. KA. 02-8342 towards Chikkahalli village of Mandya Taluk. At about 7. 15 p. m. when the said tempo was going near Mandya national Paper Mills, there was a collision between the said tempo and the KSRTC bus bearing No. KA. 09. F-1183 which was coming from Mysore side. The said KSRTC bus was being driven by the accused Akram Pasha (the respondent ). On account of the impact, two persons in the tempo sustained grievous injuries and later died and 12 persons in the tempo and 3 persons in the bus were injured, some of them grievously. On the complaint of one of the inmates of tempo, a case was registered and after completion of investigation, a charge-sheet was placed against the accused alleging rash and negligent driving of the bus by the accused (respondent) on the wrong side of the road.

(3.) THE accused pleaded not guilty and claimed to be tried. The prosecution examined 28 witnesses. PWs 1 to 11 were the passengers in the tempo and PWs 12 and 13 were the passengers in KSRTC bus. PWs 18, 19, 20 and 22 learnt about the accident. PWs. 14, 15, 16, 17 and 21 are panch witnesses. The motor Vehicle Inspector was examined as pw-24 whereas PWs. 23, 25, 26, 27 and 28 are Police Officers. After the case of the prosecution was closed, the accused was examined under S. 313 of the Cr. P. C. to explain the circumstances arising out of the evidence. The accused denied the allegations of the prosecution witnesses. No witness was examined on behalf of the accused.