KRISHNAN, J.

The State has preferred this appeal against the order of acquittal of respondent hereby by J.M.F.C., Bhatkal in C.C. No. 74 of 1985 in respect of the charges u/S. 304-A, IPC and S. 116 of the Motor Vehicles Act.

2. The charge against the accused-respondent was, that on 7-8-1985 at 5-45 p.m. he drove lorry bearing registration No. MYE5506, in a rash or negligent manner on Bhatkal-Honnavar road near Bailur-Dod-dabalase Cross Road and dashed against one Lakshmi wife of Charge Sheet Witness No. 4 and caused her death and therefore is guilty of the offence u/S. 304A, IPC and 116 of the Motor Vehicles Act. The accused pleaded not guilty and eleven witnesses were examined for the prosecution and after examination of the accused purportedly u/S. 313, Cr.P.C. the Magistrate recorded an order of acquittal. After having gone through the evidence and also the judgment of the learned Magistrate, we concur with the final order of acquittal though for reasons altogether different from the ones assigned by the learned Magistrate.

3. Out of the eleven witnesses examined by the prosecution, P.Ws. 1, 2 and 4 are eye witnesses to the accident and P.Ws. 3, 5, 7 and 8 are the pe