PRINCIPAL BENCH AT BENGALURU
STATE OF KARNATAKA BY – Appellant
Versus
RAJAIAH – Respondent
This appeal arises out of judgment of acquittal
passed by Principal Senior Civil Judge, JMFC Hosadurga in
C.C.No.135/2008 dated 06.11.2013, wherein the accused
was acquitted for the offences punishable under Sections
279, 304A of IPC (hereafter referred to as 'the Act' for
short) and also under Section 181 and 187 of the Motor
Vehicles Act (hereafter referred to as 'MV Act' for short).
2.
The brief case of the prosecution is that on
22.12.2007, at about 3.00 p.m., accused being the rider of
Bajaj motor cycle bearing registration No.KA-16/L-7453
without having driving licence drove the said vehicle in the
rash and negligent manner and dashed against one Harish,
who was standing on the left side of the road. Due to
which, he fell down and sustained injuries. He was shifted
to Hosadurga Hospital and thereafter to Victoria Hospital,
Bengaluru. On 03.01.2008, the deceased succumbed to
the injuries. A case was registered against the accused by
the jurisdictional police and after investigation, the police
- 4 -
filed the charge sheet against the accused for the offences
stated above.
3.
The prosecution got examined 16 witnesses as
PWs-1 to 16 and got marked 13 documents as Exs.P-1 to
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