STATE OF KARNATAKA THROUGH HUTTI POLICE Vs. YAMANAPPA

JUDGEMENT

(1.) The State is in appeal against the judgment of acquittal rendered by the JMFC Court, Lingasugur in C.C.No.411/2005 dated 02.12.2011, whereby the respondent (hereinafter referred to as "accused") is acquitted of the charges under Sections 279 and 304(A) of IPC and Sections 187 and 192(A) of the Motor Vehicles Act.

(2.) The case of the prosecution is that on 02.05.2005 at about 6.30 p.m., the respondent herein being the driver of the jeep bearing No.KA-24/M-530 drove the said vehicle in a rash and negligent manner and having lost control over the vehicle, the said jeep overturned at the curve road near Patil Granite Company at Gurgunta - Paidoddi road. As a result, Devendramma, the wife of the complainant sustained grievous injuries and died on the spot and other inmates of the jeep sustained simple injuries.

(3.) In order to bring home the guilt of the accused, the prosecution examined in all eight witnesses namely, PWs.1 to 8 and got marked Exs.P1 to P8 and MOs.1 to 3. The accused denied all the incriminating circumstances during his examination under Section 313 of Cr.P.C. and did not chose to enter into defence.