The prosecution must establish the accused's rash or negligent act beyond reasonable doubt to secure a conviction under IPC 279 and 304-A.

JUDGMENT :

Mohammad Nawaz, J.

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.,

4. A case was registered against the accused in Crime No.132 of 2016 of Shirva Village Police Station and after completion of the investigation, charge sheet was filed for the offence punishable under Sections 279 and 304-A of IPC.

5. The accused pleaded not guilty to the accusation made against him and he came to be tried. The prosecution got examined PWs1 to 5 and got marked the documents at Ex.P1 to P14. The Trial Court after considering the evidence and material on record, acquitted the accused of the aforesaid offences by its judgment dated 04.05.2018 passed in Crl.C. No.709/2017.

6. Aggrieved by the aforesaid judgment and order of acquittal passed by the Trial Court, the present appeal has been preferred by the State.

7. The contention of the learned HCGP is that the prosecution has been able to prove the rash and negligent act of the accused in causing the accident by examining the material witnesses namely PWs2 and 3 who are the eye witnesses to the incident. He submitted that they have categorically deposed with regard to the manner in which the accident has taken place and the rash and negligent act of the accused. He submits that there are no material contradiction or inconsistency in the evidence of the prosecution witnesses. He further submits that the evidence of PWs2 and 3 is further supported by the spot sketch marked as Exs.P3 and therefore, he contends that the finding recorded by the Trial Court that there is no rash or negligent act by the accused is illegal and erroneous. He further submits that according to the IMV report marked at Ex.P13, there is no mechanical defect and therefore he submits that the judgment and order of acquittal passed by the Trial Court may be set aside.

8. I have perused the impugned judgment passed by the Trial Court as well as the records made available by the learned HCGP.

9. It is the case of the prosecution that on 29.12.2016 at about 13.50 hours, the accused being the rider of the motor cycle bearing registration No.KA-20-EL-5943 by riding the said motor cycle in a rash and negligent manner from Katpady towards Shirva Village dashed against one Santhosh who was standing by the side of the road to cross the road as a result of which, he sustained injuries and thereafter succumbed to the injuries.

10. The prosecution has in all examined five witnesses to establish its case. PW1 is the complainant and he is the brother of the deceased. According to him, he received a phone call from another brother regarding the accident and he went to the hospital. After the death of his brother, he lodged complaint as per Ex.P1. In so far as the accident in question is concerned, PW1 is not an eye witness. PWs2 and 3 are the eye witnesses to the incident whose evidence will be discussed at a later stage.

11. Pw4 is the Inspector of Police at Shirva Village Police Station, who has stated that on 13.12.2016, when he was in the police station, a