IMPORTANT POINT
The central legal point established in the judgment is the need for appropriate punishment to reflect public abhorrence of the crime, especially in cases of death caused by rash and negligent driving under IPC 304A.

JUDGMENT :

Appellant-State feeling aggrieved by judgment of Trial Court on the file of Additional JMFC, Kumta in C.C.No.646/2015 dated 13.02.2019 preferred this appeal.

2. Parties to the appeal are referred with their ranks as assigned in the Trial Court for the sake of convenience.

3. The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 15.06.2015 at about 1.00 p.m. on Torake-Devarabhavi road of Gokarna, accused being rider of motorcycle bearing No.KA 30/S-0457 along with pillion rider Nagesh Honna Gowda drove the same in rash and negligent manner, so as to endanger human life and dashed against KSRTC bus bearing No.KA 42/F-425 towards its right front side. Due to rash and negligent driving of motorcycle by accused, the accident in question has occurred, wherein accused sustained simple injuries and pillion rider succumbed to the injuries sustained in the accident on 04.07.2015 while he was under treatment in Tejaswini Hospital, Mangaluru. On these allegations made in the complaint, the Investigating Officer completed the investigation and filed charge sheet.

4. In response to summons, accused appeared through counsel. The substance of accusation was read over and explained to accused, pleaded not guilty and claimed to be tried. Prosecution to prove the accusation leveled against accused relied on evidence of PWs.1 to 9 and documents at Exs.P.1 to P.16.

5. On closure of prosecution evidence, statement of accused under Section 313 of Cr.P.C. came to be recorded. Accused denied all incriminating material evidence appearing against him and claimed that accident in question occurred due to rash and negligent driving of driver of KSRTC bus. In support of such claim, relied on his own evidence as DW.1. The Trial Court after appreciation of evidence on record, acquitted the accused from the accusation leveled against him.

6. Appellant-State challenging the judgment of acquittal contended that Trial Court has not properly appreciated the material evidence of PWs.1, 3 and 4 with reference to undisputed spot features of accident Ex.P.2 and the sketch map Ex.P.12 of the place of accident. The Trial Court has committed serious error in relying on the defence evidence of accused without there being any basis and the same is contrary to the evidence on record in acquitting the accused. The approach and appreciation of oral and documentary evidence by Trial Court is contrary to law and evidence on record. Therefore, prayed for allowing the appeal and to set aside the judgment of Trial Court. Consequently, to convict the accused for the offences alleged against him.

7. In response to notice of appeal, accused has appeared through counsel.

8. Heard the arguments of both sides.

9. On careful perusal of oral and documentary evidence placed on record by the prosecution and the defence evidence of accused DW.1, it would go to show that accident in question occurred on 15.06.2015, at 1.00 p.m. on Torake-Devarabhavi road of Gokarna, the accused was rider of motorcycle bearing No.KA 30/S-0457 along with pillion rider Nagesh Honna Gowda and involvement of KSRTC Bus bearing No.KA 42/F-425 driven by complainant PW.1 who has filed the complainant Ex.P.1. The pillion rider of motorcycle Nagesh Honna Gowda succumbed to the injuries sustained in the accident on 04.07.2015 while he was under treatment in Tejaswini Hospital, Mangaluru. Accused in the said accident suffered simple injures as per wound certificate Ex.P.10. The vehicles involved in the accident were examined by MV Inspector PW.6 and issued MV Report Ex.P.8 are the facts not disputed by the accused and same can also borne out from the material evidence placed on record. It is the defence of accused that accident in question has occurred due to rash and negligent driving of driver of KSRTC bus and by the time he came to the Police Station to file complaint after discharge, came to know that driver of KSRTC bus has already filed the complaint against him. Ac