STATE OF KARNATAKA Vs. GANGADHAR RAMA GOUDA

JUDGEMENT

(1.) The present appeal has been preferred by the State being aggrieved by the judgment and order of acquittal passed by the Additional Civil Judge & Judicial Magistrate First Class, Honnavar, in C.C. No.348/2016, dated 06.07.2018, whereby the respondent/accused has been acquitted of the offences punishable under Sections 379, 338 and 304A of the Indian Penal Code.

(2.) Though this case is posted for Admission, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

(3.) The facts leading to the appeal are that on 27.12.2015, at about 11.45 a.m. near Abithota cross on N.H.66, the respondent/accused was driving his 407 vehicle bearing registration No.KA30/1221 from Manki towards Honnavar in a rash and negligent manner and suddenly he turned his vehicle towards his right and dashed against a Hero Honda Splendor bike bearing No.KA-45/K-8175, as a result of which, P.W.4 and the pillion rider sustained injuries. Subsequently, the pillion rider died in the Manipal Hospital. On the basis of a complaint, a case was registered. After investigation, charge sheet was laid against the respondent/accused. Thereafter, Court below secured the presence of the respondent/accused and, after hearing, plea of the accused was recorded. Accused pleaded not guilty and as such the case was posted for trial.