(1.) Though this case is posted for hearing on interlocutory application, with the consent of learned HCGP, heard on merits.
(2.) Heard the learned HCGP for the appellant- State. Though respondent is served with notice, he remained absent.
(3.) The brief facts of the case of the prosecution are that, on 07.08.2011 at about 11.00 am, the respondent/accused being the driver of Tata AC vehicle bearing No.KA-37/8738 drove the same rashly and negligently endangering the human life and therefore lost control over the vehicle near outskirts of Kustagi town near a petrol bunk and dashed against Tata Sumo vehicle bearing registration No.KA-29/M-3577 and caused the accident. In the said accident, driver of the Tata Sumo died on the spot and another person died in the hospital while undertaking treatment and other persons sustained injuries. On the basis of the complaint a case has been registered in Crime No.186/2011. Thereafter, after investigation charge sheet was led as against the accused. Accused was secured and after following the formalities, the plea of the accused came to be recorded. Thereafter, the prosecution examined nine witnesses and got marked 15 documents. After recording the statement of the accused under Section 313 Cr.P.C. the Court below came to the conclusion that the prosecution has failed to bring home the guilt of the accused and ultimately acquitted the accused. Challenging the illegality and correctness of the said judgment, the State is before this Court.