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HIGH COURT OF KARNATAKA
P.N. Desai, J
The State of Karnataka by Kadur Police Station – Appellant
Versus
Jagadeesh Shankara Naik – Respondent
| Table of Content |
|---|
| 1. outcome of the appeal and confirmation of trial court's decision. (Para 1 , 2 , 3 , 4 , 5) |
| 2. assessment of witness credibility and evidence discrepancies. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 17) |
| 3. emphasis on standards for appellate interference with acquittals. (Para 18 , 19) |
JUDGMENT
This appeal arises out of the judgment of acquittal passed by the Principal Civil Judge and JMFC, Kadur in C.C.No.1192/2013 dated 20.06.2017 wherein the trial Court acquitted the accused for the offences punishable under Sections 279 , 304A of Indian Penal Code (for short IPC).
2. The brief case of the prosecution is that on 06.09.2013 at 2.00 a.m. at National Highway 206, one Keshavamurthy @ Keshava was riding Hero Honda Passion Motorcycle bearing registration no.KA-18/V- 4355 along with one Siddappa as a pillion rider. They were traveling from Kadur to Bantaganahalli. It is further contended that when they came near Hulukinakallu cross in order to go towards Bantaganahalli the motorcyclist slowed down the motorcycle. At that time a bus bearing registration no. KA-47/4612 driven by this accused came in a rash and negligent manner and without observing the indicator dashed to
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