CAV JUDGMENT

1. This appeal by the appellant is against the judgment dated 23rd February 2013 passed in Criminal Appeal No.161 of 2009 by the II Additional District & Sessions Judge, Dakshina Kannada, Mangalore (for short hereinafter referred to as the "first appellate court"), whereby, the judgment of acquittal dated 07th March 2009 passed in CC No.967 of 2006 by Civil Judge (Sr. Dn.) & JMFC Bantwal (for short hereinafter referred to as the "trial Court”), came to be set aside.

2. For the sake of convenience, the parties herein are referred to as per their ranks before the trial court.

3. Brief facts leading to this appeal are that the Vitla Police submitted the charge-sheet against the accused for the offence punishable under Sections 279, 337, 338 and 304-A of Indian Penal Code. It is alleged by the prosecution that on 16th June 2006, Anil Pinto along with his relatives was proceeding in a car bearing registration No.KA-21/M.2190 from Bondel to Uppinangadi. The car was driven by William Lobo with Robert Pardo and Gerald were also travelling in it. When the car reached near Surikumerupet in Mani Village of Bantwal Taluk, a bus named “Nandani,” bearing registration No. KA-19/AD-9099,