STATE BY SHIRVA POLICE STATION Vs. SRINIVAS KINI

JUDGEMENT

(1.) This appeal is preferred by the State against the judgment and order of acquittal passed by the Trial Court, thereby acquitting the accused-respondent of the offence punishable under Sections 279 and 304-A of IPC.

(2.) I have heard Sri. Diwakar Maddur, learned HCGP appearing for the appellant-State.

(3.) The case of the prosecution in brief is that on 29.12.2016 at about 13.50 hrs. within the jurisdiction of Shirva Village Police Station, in front of Raksha Saloon Shop, Bantakallu, Shirva Village, Udupi Taluk, the accused being the rider of motor cycle bearing registration No.KA-20-EL-5943, rode the same from Katpady towards Shirva Village in a rash and negligent manner so as to endanger human life and hit against the pedestrian by name Santhosh who was standing by the side to cross the road, as a result of which, the said Santhosh sustained injuries on the back of his head and he was shifted to the Udupi Hi Tech Hospital, from there to KMC Hospital for higher treatment. However, he succumbed to the injuries on 30.12.2016 at about 1.20 p.m.,