THE STATE Vs. ANIL KUMAR

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order dated 04.08.2016 passed in Crl. Case No.1998/2014 on the file of the II Addl. Civil Judge and JMFC, Udupi, thereby acquitting the accused of the offences punishable under Sections 279 and 304-A of IPC.

(2.) The case of the prosecution is that on 01.08.2014, at about 2.45 p.m., near Kothalkata Bus Stop, Uliyaragoli Village, Udupi Taluk, the accused being the rider of a bike bearing registration No.KA-19-EH-9695, rode the same in a rash and negligent manner from Mangalore side towards Udupi side and hit against one Hemalatha Shetty who was standing by the side of the road, due to which, she sustained grievous injuries and succumbed to the injuries on the way to Adarsha Hospital, Udupi and thereby the accused committed the offences punishable under Sections 279 and 304-A of IPC.

(3.) Before the Trial Court, the prosecution got examined PWs 1 to 5 and got marked Exs.1 to 14. The defence of the accused was one of total denial.