STATE OF KARNATAKA Vs. SAIBANNA

JUDGEMENT

(1.) The respondent was the accused in C.C. No 3802/1982 on the file of the II Additional J.M.F.C., Gulbarga, and he will be hereinafter referred to as the accused Ha was tiied for an offence punishable under Section 304-A I.P.C. on the allegation that on 27-9-1981, at about 1-00 p m., on Shahapur-Gulbarga road, near Kellur bus-stand, he drove car bearing registration No. MYP 6546 in a rash and negligent manner and dashed against the deceased Subhadrabai, who was proceeding along with her brother, P.W. 4., on the eastern portion of the road, and caused her death.

(2.) As the accused denied the commission of the offence, P.Ws. 1 to 13 were examined and Exhibits P-1 to 6 and M.Os. 1 to 4 were produced. Exhibit D-1 was not marked in the cross examination of Nabisab, P.W. 7. No defence evidence was adduced by the accused. The defence of the accused was one of total denial. Analysing the evidence, the learned Magistrate held that the accident was not due to the rash and negligent driving of the vehicle by the accused and acquitted him. Hence, this appeal by the State, after obtaining leave.

(3.) The learned High Court Government Pleader took us through the evidence on record and urged that the learned Magistrate has failed to note that there were brake marks to a distance of about 105 feet till the spot of the accident and that the accident had taken place on the off-side of the road, with refe ence to the lirection in which the car was proceeding then. The learned Magistrate erred in holding that the accused was not driving the vehicle at high speed and as the vehicle was stopped at a distance of about 6 to 8 feet, ignoring that the accused could not bring the vehicle to a halt even after applying the brakes at a distance of 105 feet from the spot. On the other hand, Mr. Appa Rao, learned Counsel for the respondent, urged that the appreciation of evidence by the trial Court cannot be said to be perverse and so this Court, in this appeal against acquittal, may not interfere with his findings.