N. S. VEERABHADRAIAH, J.

( 1 ) THIS appeal is by the state, assailing the judgment of acquittal of the accused in C. C. No. 403/1996, dated 20-2-1998 for the offences under Sections 279, 337, 338, 304-A of IPC r/w. Section 134 and 187 of M. V. Act on the file of the learned J. M. F. C. III Court, Belgaum.

( 2 ) THE case of the prosecution in brief is as follows : on 6-5-1996 at about 4. 15 p. m. accused madivalappa Fakirappa Kodliwad being the driver of the passenger tempo bearing regn. No. KA 24-1090 was proceeding towards bagewadl. On account of his rash and negligent driving of the tempo. Near Khadri Cinema talkies of Bagewadi village limits dashed Ratnabai Krishnaji Karandi-PW. 19 from behind, who was proceeding on the footpath. The vehicle further proceeded towards its right side and toppled. As a result, shivaputra Shivanagouda and another ramesh Gyanappa Dandavate (cleaner of the tempo) died and also resulting injuries to 13 passengers. The injured P. W. 1-Mohammed rafiq Abdulgani Godawad lodged a complaint as per Ex. Pl with Bagewadi police. The A. S. I. of Bagewadi Police station p. W. 26-Mahantayya Iswarayya muppinamath registered a case in Crime No. 74/1996 for the offenc

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