STATE BY POLICE INSPECTOR Vs. ABDUL RAZAK

JUDGEMENT

(1.) This appeal has been preferred by the State being aggrieved by the judgment and order of acquittal passed by the Additional Civil Judge and JMFC, Bantwal, D.K., Mangaluru in C.C.No.860/2016 dated 19.11.2018.

(2.) I have heard the learned High Court Government Pleader for the appellant-State and Kum.Pooja Kattimani, learned Amicus Curiae and Sri.Vinaya Chandra, learned counsel for the respondent-accused.

(3.) The facts leading to the case are that on 11.10.2015 at about 6.30 p.m. accused being the driver of the car bearing registration No.KA01 AE 2168 drove the same from Mangaluru towards B.C.Road in one way in a rash and negligent manner so as to endanger human life and dashed the complainant and also Dinesh and Richard Fernandez who were standing in the bus shelter, as a result of which, Dinesh and Richard Fernandez sustained grievous injuries. Richard Fernandez while being shifted to Wenlock Hospital, Mangaluru, succumbed to the injuries. Injured Dinesh was shifted to Unity Hospital, Mangaluru and he died while under treatment on 28.10.2015. On the information received, the Police Inspector visited the hospital, recorded the statement and registered the case in Crime No.75/2015. After investigation, charge sheet was filed. The learned Magistrate took cognizance, secured the presence of the accused and after following the formalities, plea of the accused was recorded. The accused pleaded not guilty and claimed to be tried, as such, trial was fixed. In order to prove the case of prosecution, it has got examined 9 witnesses and got marked 16 documents. Thereafter, statement of the accused was recorded under Section 313 of Cr.P.C. He denied the incriminating materials. He has not led any evidence nor produced any documents. After hearing the learned counsel appearing for the parties, the trial Court acquitted the accused. Against the said order, the State is before this Court.