STATE Vs. S B MARIGOWDA

JUDGEMENT

(1.) THE State has preferred this appeal against the acquittal dated 26-5-1993 passed by the Civil Judge and JMFC, Ramanagaram, acquitting the respondent for the offence punishable under Section 279 and 304-A, IPC, CPI-PW 3, Ramanagaram Circle, has filed the charge-sheet against this respondent (who shall be referred to herein after as 'accused), for offences punishable under Sections 279 and 304-A, IPC.

(2.) DECEASED-MADAIAH is the brother of CW-2 by name Shivaji. On 5-4-1992 CW-2 along with his brother had come to Mudavadi cross in order to go over to Bidadi. It was at about 7. 30 a. m. PW-1 Rajanna and PW-2 Rajgopal were also with them. At that time, the accused was driving his matador bearing No. KA 11 651 and came from Ramanagaram side in high speed driven rashly and negligently so as to endanger human life and at Mudavadi cross the driver suddenly overtook the lorry and came to the extreme right side of the road and dashed against Madaiah who was waiting for the bus. Madaiah fell down and sustained bleeding injuries. The accused stopped his vehicle at about a distance of 60 feet from the accident spot. P. Ws. 1 and 2 immediately rushed to the spot and gave water to the injured. The injured died at the spot. At about 8. 15 a. m. PW-1 went to the Bidagi Police Station and gave a complaint which was registered in Crime No. 71/92. The investigation of the spot mahazar was prepared and the vehicle involved in the accident was seized. The inquest on the dead body was also prepared and then it was sent for the post-mortem examination. The seized vehicle was subjected to the inspection by the Motor Vehicle Inspector. The CPI took-up further investigation and after the receipt of the PM report and IMV report submitted the charge-sheet after the completion of the investigation.

(3.) FOR the prosecution, P. Ws. 1 to 4 are examined and Exs. P1 to P5 are marked. For defence no witnesses were examined much-less any document is marked.