The appellate court will not interfere in judgments of acquittal unless they are shown to be perverse or erroneous, emphasizing the importance of proper appreciation of evidence on record.

JUDGMENT/ORDER

1. This appeal arises out of the judgment of acquittal dtd. 31/7/2015 passed by the Additional Civil Judge and JMFC, Channarayapatna in CC No.906/2010 whereby the respondents/accused were acquitted for the offences punishable under Ss. 279, 337, 338 and 304(A) of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC' for short).

2. The brief case of the prosecution is that on 14/5/2010, at about 3.15 a.m., near Kattarigattamma temple on B.M.Road, Channarayapatna, one Lalitha was proceeding in the ambulance bearing No.KA-13/A-6511 driven by accused no.2 for her treatment along with others on account of the injuries sustained by her in an accident and when the said Lalitha intended to vomit, the ambulance was stopped. At that time, the driver (accused no.1) of the KSRTC bus bearing No.KA18/F-430 came from Hassan side in a rash and negligent manner and dashed to the ambulance from hind side due to which, Lalitha and Suchitra who were in the ambulance sustained grievous injuries and died on the spot. The other inmates of the ambulance also sustained simple injuries. In this regard, a case came to be registered in Channarayapatna Rural Police Station. Thereafter, the Investigating Officer after investigation filed the charge sheet against the accused for the offences stated above.

3. In order to prove the case, the prosecution examined seven witnesses i.e., PWs.1 to 7 and got marked fifteen documents as Exs.P1 to P15. After hearing the arguments, the learned JMFC acquitted the accused. Aggrieved by the same, the State has preferred this appeal.

4. Heard the learned HCGP Smt. K.P.Yashodha for State and Sri P.B.Umesh, learned counsel for Sri R.B.Deshpande, learned counsel for respondent no.1. Respondent no.2, though served with the notice, has remained unrepresented.

5. The learned HCGP contended that the judgment and order of acquittal passed by the trial court is contrary to the evidence and material on record. It is further contended that PWs.1 and 2 are the injured witnesses who had traveled in the ambulance along with the deceased and they have supported the case of the prosecution. It is further contended that the trial court has not appreciated the evidence of prosecution witnesses and the evidence of PWs.1 to PW.3 fully support the case of the prosecution. On the other hand, the accused have not given any explanation to the question posed while recording their statement under Sec. 313 of Cr.P.C. It is argued that the accused are drivers of both the vehicles and they have to explain as to how the accident occurred. It is also contended that the finding of the trial court is not correct and the learned Judge of the trial court has failed to appreciate the evidence which has resulted in miscarriage of justice and acquittal of the accused. Therefore, she prayed to set aside the judgment of acquittal passed by the trial court and convict the accused.

6. Learned counsel for respondent no.1 argued that the evidence of prosecution witnesses creates a doubt as to the manner in which the accident occurred. PW.1 states that both Lalitha and Suchitra got down from the ambulance. Therefore, it creates a doubt as to whether they sustained injuries when they were seated in the ambulance or when they were outside. The evidence of PW.1 shows that the ambulance was stopped on the road itself. PW.2 - Bettegowda has admitted in the cross examination that part of the ambulance was on the road itself and the accident took place around 3.30 a.m. He has also admitted that it was a one way road and it is a National Highway. Number of vehicles were passing on the road. PW.3- Subramanya, Head Constable has received the memo and recorded the statement of the injured and registered Crime No.64/2010. PW.4 - Beeregowda is the conductor of the bus. He has also stated that the ambulance was parked on the left side of the road. He has also stated that number of vehicles were passing at that time and he was sitting on the rear side of