JUDGMENT

This appeal arises out of judgment of acquittal passed in C.C.No.1366/2008 dated 25.10.2014 by Civil Judge and JMFC, Sullia, D.K. wherein the learned JMFC acquitted the accused for the offences punishable under Sections 279 & 304(A) of Indian Penal Code (for short hereinafter referred to as ‘IPC’) and also under Section 185(B) of Motor Vehicles Act (for short hereinafter referred to as ‘M.V. Act’) and convicted the accused for the offences punishable under Sections 3(1) r/w 181 of M.V. Act.

2. In brief the case of the prosecution is that on

31.05.2008 one Vikas Shoukeen and his friend Rohit were on their way to have the dinner at Hotel Silver Spoon at about 09:00 p.m., while they were walking in front of Sidhi motors, when he was on the left side and Rohit Kumar was walking just beside him, at that time, the accused being the rider of the motor cycle bearing registration No.KA-21-H-3412 rode the motorcycle in a rash and negligent manner so as to endanger the human life and hit to the Rohitkumar from the backside who sustained grievous injuries and immediately taken to the hospital, thereafter he succumbed to the injuries. In this regard, a complaint came to be lodged. The in