STATE OF KARNATAKA Vs. A JOSEPH

JUDGEMENT

(1.) The respondent was the accused in C.C. No. 2297/83 on the file of the Metropolitan Magistrate, II Court, Bangalore. He was tried for offences punishable under Section 279 and 304-A IPC on the allegation that on 23-5-1983 at about 12 noon he drove drilling rig bearing No. M.E.W. 5039 out of the compound of Vasavi Dharmashala from south to north and in that course, the hind portion of the mast of the rig dashed against the western compound wall of house No. 27 and due to that the wall collapsed and fell on Jayantilal and Sandeep, aged about 10 years and 4 years respectively who were playing by the side of that compound wall and due to that both the boys died.

(2.) In fact, the records show that the accused pleaded guilty when the said accusation was put to him. But, the learned Magistrate has noted in the order- sheet dated 26-6-84 that the accused pleaded not guilty. On that basis, the prosecution was called upon to adduce evidence. P.Ws. 1 to 13 were examined and Exs. P. 1 to P. 8 were produced on behalf of the prosecution. No evidence was adduced on behalf of the accused. The accused admitted that he was driving and that he was taking out the drilling rig out of the compound of Vasavi Dharmashala. He also admitted that the hind portion of the mast of the rig dashed against the compound wall and the compound wall fell. He has pleaded ignorance about the boys dying being caught in the debris. According to him, the accident was not due to his rashness or negligence in driving the rig.

(3.) The learned Magistrate by a curious process of reasoning held that the accident was not due to the rashness or negligence of the accused in driving the rig and acquitted him of the said offences. Hence, this appeal by the State after obtaining leave.