STATE OF KARNATAKA Vs. G. ANAND

JUDGEMENT

(1.) This appeal has been preferred by the State being aggrieved by the judgment and order of acquittal, dated 05.01.2018, passed by the Additional Civil Judge and Judicial Magistrate First Class, Bhatkal, in C.C. No.838/2015, whereby the respondent/accused has been acquitted of the offences under Section 279, 304A of IPC and Section 187 of the Indian Motor Vehicles Act.

(2.) I have heard learned High Court Government Pleader for the appellant-State and the learned counsel for the respondent/accused.

(3.) Brief facts of the case are that on 05.10.2014, at about 0030 hours, the respondent/accused, being the driver of the mini bus bearing registration No.KA-51/B-5447, is alleged to have driven the said mini bus in a rash and negligent manner endangering the human life and safety, and when the said vehicle was near Naveen Beach Resort road, it ran over a person who was sleeping on the beach road and caused his death on the spot. On the basis of the complaint filed by C.W.1, a case was registered in Crime No.125/2014 and, after investigation, a charge sheet was filed. The Court below, after serving the copies of the charge sheet and after hearing, recorded the plea of the accused. Thereafter, prosecution got examined 13 witnesses as P.Ws.1 to 13 and got marked 14 documents as Exs.P.1 to P.14. The statement of accused under Section 313 was recorded. After hearing the parties and considering the evidence on record, accused was acquitted. Challenging the legality and correctness of the said judgment and order, the State is before this Court.