STATE OF KARNATAKA Vs. SEETHARAMA K.K.

JUDGEMENT

(1.) The State is before this Court being aggrieved by the judgment and order of acquittal passed by the Civil Judge and JMFC., Sulya, Dakshina Kannada, in CC.No.294/2015 dated 25.9.2017 whereunder the respondent-accused has been acquitted of the offences punishable under Sections 279 and 304A of IPC.

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

(3.) The factual matrix of the case of the prosecution is that on 3.3.2015 at about 5.30 a.m. on Mysuru- Mangaluru Highway No.88 near Gandhinagar Masjid, the driver of Maruti 800 car bearing Regn.No.KA-05-Z6928 drove the same with high speed so as to endanger the human life and dashed against one Mohammed Kunhi, who was proceeding along with his son to go to Masjid for prayer. Because of the accident, he sustained grievous injuries on his head and other parts of the body. Immediately thereafter, he was taken to the hospital, but on the way to the hospital, he succumbed to the injuries. On the basis of the complaint filed by PW.1, a case was registered and after completion of investigation, charge sheet was filed as against the accused. Thereafter the learned Magistrate took cognizance, secured the presence of the accused and recorded the plea. Accused pleaded not guilty and he claimed to be tried, as such the trial was fixed.