This appeal arises out of the judgment of acquittal

passed by learned JMFC (II Court), Mangalore, in CC

No.1819/2012,

dated

02.12.2013,

whereby

the

respondent/accused was acquitted for offences punishable

under section 279, 338 & 304(A) of Indian Penal Code (for

short hereinafter referred to as IPC) and R/W 134(a)(b) and

Section 187 of Indian Motor Vehicles Act (for short

hereinafter referred to as IMV).

2.

Brief case of the prosecution is that, on

25.04.2012, at about 7.00 p.m., the respondent/accused

being driver of the Ambassador car bearing No.KA-30-6906

was driving the same from Mangalore to Udupi side on NH-

66 in a rash and negligent manner endangering human life.

When he came in front of Mayya Electronics in Surathkal

junction in Idya village of Mangalore, he dashed against Smt.

Chandravathi, who was standing along with the husband on

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the mud road. As a result, she sustained injuries and then

on 30.04.2012, she succumbed to the injuries at A.J.

Hospital. The complaint came to be filed by the husband of

deceased on 26.04.2012 at 12.00 noon. The Investigating

Officer after investigating the matter filed charge sheet

against the accused for the offences punishable