K.N. Keshavanarayana, J: This appeal by the State is directed against the judgment and order dated 29.06.2005 passed by the Additional Civil Judge (Jr.Dn.) & JMFC, Puttur, D.K., in C.C. No. 1070/2002 acquitting the respondent/accused of the charges levelled against him for the offences punishable under Sections 279, 338 and 304-A of IPC.

2) The Circle Inspector, Rural Police Station, Puttur, filed charge sheet against the respondent/accused alleging the aforesaid offences inter alia contending that the accused, as driver of Tata Sumo vehic1e bearing registration No.KA-20-9415, drove the said vehicle in the intervening night of 30/31.12.2001 from Udupi towards Velankani in a rash and negligent manner endangering human life and near Harthadka in Puttur Taluk, dashed against the road side jack fruit tree, as a result of which, five inmates of the vehicle died at the spot, while three including himself sustained grievous hurt.

3) According to the case of the prosecution, PW. 1- Patros, who was residing very close to the place of accident, on hearing banging sound at about 2.00 am, came out of the house and saw the Tata Sumo vehicle having rammed into the jack fruit tree by the si