(1.) This appeal is filed by the appellant-State being aggrieved by the judgment and order of acquittal dated 31.08.2016 passed by the Prl.Civil Judge JMFC, Bhatkal, in C.C.No.1059/2015. The appellant-State has challenged the legality and correctness of the said judgment on the grounds as mentioned in the appeal memorandum.
(2.) The brief facts of the prosecution case as presented before the trial Court that on 21.06.2015 at about 8.30a.m., within the stone No.227 and 228 situated on Karwar-Mangalore National Highway No.17 near Shirali Village, Bhtakal, the respondent/accused drove the Mahindra Bolero vehicle bearing No.KA- 47/6921 from Bhatkal towards Honnavara in a rash and negligent manner endangering human life, when he reached Shirali Hospital cross, lost the control of the vehicle and dashed against the cycle rider Nagaraja Naik due to which he sustained grievous injuries on head and died on the spot.
(3.) Manjunath (P.W.1) has filed the complaint before the Bhatkal Rural Police Station against the respondent/accused, which came to be registered for the offence under Sections 279 and 304A of IPC.