STATE OF KARNATAKA Vs. MOHAMMAD RAFIQ

JUDGEMENT

(1.) The present appeal has been preferred by the State being aggrieved by the judgment and order of acquittal passed by the II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur, in Criminal Appeal No.65/2015 dated 28.11.2018, wherein the judgment of conviction and sentence passed by the learned Principal Senior Civil Judge and JMFC, Hirekerur in C.C.NO.183/2011 dated 16.07.2015 was set aside and the accused/appellant was acquitted for the alleged offences.

(2.) I have heard the learned HCGP appearing for the appellant and the learned counsel for the respondent/accused.

(3.) The brief facts of the case as per the case of the prosecution are that, on 10.11.2008 at about 5.30 pm, when the deceased along with his wife was proceeding on his motorcycle bearing registration No.KA-15/K-1568, the accused/respondent being the driver of the auto rickshaw bearing registration No.KA- 17/9475 drove the same rashly and negligently and dashed to the motorcycle on which the deceased was proceeding. As a result of the same, he fell down and sustained grievous injuries and subsequently he succumbed to the injuries. The wife of the deceased also sustained grievous injuries. On the basis of the complaint a case has been registered and after investigation, charge sheet has been led as against the accused.