B.A.PATIL
State of Karnataka, Reptd. by Addl. State Public Prosecutor, High Court Circuit Bench at Gulbarga – Appellant
Versus
Vajrappa – Respondent
1. This appeal is preferred by the State assailing the Judgment of acquittal dated 24.03.2011 passed by JMFC Basavana Bagewadi in C.C. No. 498/2006, for the offences punishable under Sections 279, 337, 338, 304-A of Indian Penal Code (hereinafter 'IPC' for short), whereunder accused has been acquitted.
2. The case of the prosecution in brief is that; On 15.11.2005 accused-respondent being the driver of K.S.R.T.C bus bearing Registration No. KA-36-F-446 drove the same rashly and negligently and when the bus was proceeding near Managuli in front of Managuli Police Station at about 3:45 a.m. dashed against the road side electrical pole, thereafter to a tree, due to which, several passengers sustained multiple injuries, whereas one person died, which ensued in registration of a case in Crime No. 107/2005. After investigation, Investigating Officer laid the charge-sheet against the accused.
3. After filing of charge-sheet, trial Court complied the procedure laid down under Section 207 of Cr.P.C., recorded plea of the accused, who denied the substances of accusation and claimed to be tried and the trial was fixed.
4. In order to prove its case, prosecution in all examined twenty t
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