STATE OF KARNATAKA Vs. KUNDAN CHOWHAN

JUDGEMENT

(1.) The State has come up with this appeal calling in question the judgment of acquittal dated 20.06.2016 by the Prl. Civil Judge and JMFC, Kadur, in C.C.No.886/2012 of the accused for the offence punishable under Sections 279 and 304(A) of IPC.

(2.) I have heard the arguments of the learned HCGP appearing for the appellant-State and the learned counsel for the respondent-accused and carefully perused the judgment of the trial Court and as well as the appreciation of oral and documentary evidence on record.

(3.) Learned HCGP submitted before the Court that there are eyewitnesses to the incident namely PWs.2 to 4 and 6 and they have categorically stated about the overt acts of the accused in riding the motorcycle in a rash and negligent manner and hit against the deceased Nagarajappa, who succumbed to the injuries sustained during the accident. The trial Court has not properly appreciated the oral and documentary evidence on record though the prosecution has proved the case beyond all reasonable doubt. He further contended that the sketch produced and marked before the Court coupled with the evidence of the prosecution witnesses clearly indicate that the accused has driven the vehicle in a rash and negligent manner causing accident. However, the trial Court has not appreciated the evidence on record in proper perspective. Therefore, the judgment of acquittal deserves to be interfered with by this Court.