This appeal arises out of the judgment of acquittal dated

30.03.2013 passed by learned III Addl. Civil Judge and JMFC,

Bhadravathi in C.C.No.3416/2010 for the offences punishable

under sections 279 and 304 IPC.

2. The brief case of the prosecution is that on

13.06.2020, PW-1 Santhosh Kumar and his brother Arun

Kumar were in their house and their father Chinndorai who was

working as an watchman in IB, Irrigation Department had

been to duty. It is further stated that somebody had informed

PW-1 that their father has sustained fracture to the arm.

Hence, PW-1 and his brother Arun Kumar were proceeding on

the motor bike bearing registration No.KA-14-V-8751. PW-1

was riding the bike and Arun Kumar was the pillion rider. At

about 12.30 noon, when they were proceeding in the cross

road at saddle No.1 near the guard room, a jeep bearing

registration No.CKG-893 came from opposite direction driven

by the accused in a high speed negligently and dashed to the

motor cycle. PW-1 jumped on the left side. Arun Kumar fell

down on the right side alongwith bike and the jeep ran over on

Arun Kumar. PW-1 took his brother Arun Kumar to the hospital,

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but he succumbed to the injuries. Hence,