STATE Vs. MANJUNATH E.

JUDGEMENT

(1.) Though this case is posted for hearing on IA No.1/2019, with the consent of the learned High Court Government Pleader, the same is taken up for final disposal. IA No.1/2019 has been filed under Section 5 of the Limitation Act to condone the delay of 27 days in preferring the appeal. It is also accompanied with affidavit. By accepting the cause shown therein, IA No.1/2019 is allowed and delay of 27 days is condoned.

(2.) The present appeal has been preferred by the State challenging the judgment of acquittal passed by the Civil Judge and JMFC, Sullia, D.K. in C.C.No.418/2014 dated 21.2.2019 whereunder the respondent/accused was acquitted for the offences punishable under Sections 279 and 304(A) of Indian Penal Code.

(3.) The brief facts of the case are that on 11.01.2014 one Dheeraj and his friend were traveling in a KSRTC bus, at about 8.45 a.m. bus reached Venkatapura, at that time, his friends Deekshith and Raghavendra were going on their motorcycle to college. A Maxi Cab vehicle bearing No.KA.14 A.8035 came from Subramanya to Kaikamba. The said vehicle was driven by the driver rashly and negligently so as to endanger the human body and dashed to the motorcycle on which Deekshith and Raghavendra were proceeding. Immediately after the accident both breathed their last on the spot. On the basis of the complaint a case has been registered in Crime No.4/2014 for the offences punishable under Sections 379 and 304(A) of IPC against the driver of the Maxi Cab. Thereafter, after investigation charge sheet was filed against the respondent/accused. Thereafter, the plea of the accused was recorded and the evidence was led.