STATE OF KARNATAKA Vs. AMEET ASHOK DAPRE

JUDGEMENT

(1.) The State has preferred this appeal against the order of acquittal dated 05.07.2011 passed by the Principal JMFC, Honavar, acquitting the accused for the offences punishable under Sections 279 and 304-A of the Indian Penal Code.

(2.) It is the case of the prosecution that on 25.05.2010 at about 3.10 p.m. near Karki Mathadakeri, Honavar taluk on N.H.17, the respondent accused drove Maruti Suzuki Wagon R car bearing Registration No.MH- 04/ED-2601 rashly and negligently so as to endanger human life and dashed to the motor bike bearing registration No.KA-31/E-6475 which was coming from the opposite direction. As a result of the same, the rider of the said motor bike succumbed to the injuries. On the basis of the complaint filed by CW-1, a case was registered in Crime No.155 of 2010. After completion of the investigation, the Investigating Officer submitted the charge sheet.

(3.) In order to prove the case of the prosecution, the prosecution examined PWs.1 to 7 and got marked Exs.P-1 to P-10. The statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. Neither any witnesses on behalf of the accused were examined nor any documents were marked.