The prosecution must prove the guilt of the accused beyond all reasonable doubt, and the evidence presented must be sufficient and corroborated to establish the accused's responsibility for the alleged offence.

JUDGMENT

Mohammad Nawaz, J. - The State has preferred this appeal against the Judgment and Order of acquittal passed by the trial Court, acquitting the accused/respondent of the offences punishable under Sections 279, 337 and 304(A) of IPC.

2. Heard the learned HCGP appearing for the appellant/State.

3. The case of the prosecution is that;

On 25.08.2014 at about 6.15 p.m., within the jurisdiction of Puttur Traffic Police Station, near Beeriga, Chikkamudnoor village, Puttur taluk, the accused being the driver of Maruti Omni car bearing reg. No. KA-21-N-3953 drove the said Maruti Omni car on Kodimar Public Road in a rash and negligent manner, endangering human life and hit against a motorcycle bearing reg. No. KA-21-K-3854. As a result of which, the pillion rider of the motorcycle viz., Monappa Shetty sustained simple injuries and the rider of the motorcycle viz., Dinesh Shetty sustained grievous injuries and succumbed to the said injuries while undergoing treatment. Hence, the accused committed offences punishable under Sections 279, 337 and 304(A) of IPC.

The trial Court by Judgment and Order dated 13.03.2019 passed in C.C. No. 701/2015 acquitted the accused. Aggrieved by which, the present appeal is preferred by the State.

4. The learned HCGP has contended that the trial Court has not properly appreciated the evidence adduced by the prosecution and totally ignored the evidence of eyewitness viz., P.W.2. He submits that the trial Court has failed to appreciate that P.W.2 is an injured witness and he was traveling along with the deceased and therefore, he is the right person to speak about the accident in question. In view of the evidence of P.W.2 coupled with spot mahazar and sketch which are marked as Exs.P2 and 3 respectively, the prosecution has established the guilt of the accused beyond all reasonable doubt. Hence, he submits that the reasons assigned by the trial Court are not in accordance with law and seeks to allow the appeal.

5. The prosecution has got examined P.Ws.1 to 9 and got marked Exs.P1 to 22 to establish its case. The complaint is lodged by one Praveen Shetty, examined as P.W.1. He has not supported the case of prosecution with regard to rash or negligent driving by the accused. He has stated in his evidence that by the time he reached the spot, accident has occurred. Therefore, he is not aware as to the cause of accident. He has stated that the accused was the driver of Maruti van. He has been treated hostile by the prosecution. Nothing is elicited from his cross-examination with regard to the cause of accident.

In the cross-examination conducted by the defence, P.W.1 has stated that there is a curve near the place of accident. Width of the road is about 12 ft. and from the edge of the road, accident has occurred at a distance of 3 ft.

6. P.W.2 is the father of the deceased. He was a pillion rider. According to him, on 25.08.2014, at about 6.15 p.m., he was traveling on motorcycle bearing reg. No. KA-21/K-3854 as a pillion rider. His Son Dinesh Shetty [deceased] was riding the motorcycle. They were proceeding from Puttur to Katara and when they reached near a place called Beeriga, a Maruti Omni car coming from Kodimara and going towards Darnandakukku hit against their motorcycle. Both of them fell on the road and sustained injuries. He came to know the name of the driver of Omni car as Ramachandragowda. Thereafter, two persons by name Gunakara and Gangadhara coming behind them shifted them to the hospital. His son was shifted to A.J. Hospital, Mangaluru, wherein he succumbed to the injuries on 27.04.2014.

In the cross-examination, P.W.2 has stated that they were not wearing helmets. He has seen the Maruti Omni car at a distance of 15 ft. He has stated that there is a curve near the place of accident. The accident has occurred in a fraction of second. He has stated that his son was riding the motorcycle at about 2 ft. from the edge of the road and the total width of the road is 12 ft. He has stated that he ca