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2023 Supreme(Online)(Kar) 29615

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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