AND

ORDER

OF

ACQUITTAL DATED

13.10.2015 PASSED IN C.C.NO. 548/2013 BY THE JUDICIAL

MAGISTRATE, KARWAR AND TO CONVICT THE RESPONDENT /

J

MAMATHA

Digitally

signed by J

MAMATHA

Date:

2023.05.28

20:00:35 -

0700

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ACCUSED FOR THE OFFENCE PUNISHABLE U/SEC. 279, 337, AND

304-A OF IPC.

THIS CRIMINAL APPEAL COMING ON FOR FURTHER HEARING

AND THE SAME HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 28.03.2023, THIS DAY, THE COURT, DELIVERED THE

FOLLOWING:

JUDGMENT

Appellant/State feeling aggrieved by the judgment of

acquittal passed by the learned Chief Judicial Magistrate,

Karwar, in C.C.No.548/2013 dated 13.10.2015 has preferred

this appeal.

2.

Parties to the appeal are referred with their ranks as

assigned in the trial Court for the sake of convenience.

3.

The

factual

matrix

leading

to

the

case

of

prosecution can be stated in nutshell to the effect that on

29.04.2013 at 10 p.m., accused drove his lorry bearing

registration No.KA-31/5705 from Goa towards Karwar with high

speed in rash and negligent manner so as to endanger human

life. When he reached milestone No.103-104 near Kodibag,

Kapri temple cross on NH-17, accused having lost control over

the vehicle dashed against the motorcycle bearing registration

No.KA-30/J-5445 on it’s right side which was going towards

Sadashivgad from Kapri temple cross. On account of the

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actionable negligence of accused in driving lorry bearing

registration No.KA-31/5705 accident in question occurred

resulting in the death of Vilas Madhukar Anvekar, rider of

motorcycle and Subhay Vilas Anvekar, pillion rider, who

succumbed to the injuries suffered by them in the accident

while they were taken to Bombolin Hospital at Goa. Another

inmate of the motorcycle - Pratik sustained grievous injuries.

On these allegations made in the complaint, Investigation

Officer after completion of investigation filed charge-sheet

against the accused for offences punishable under Sections

279, 337 and 304 (A) IPC.

4.

In response to notice, accused appeared before the

trial Court and contested the matter. The trial Court after

being prima facie satisfied framed accusation against the

accused. Accused pleaded not guilty and claimed to be tried.

Prosecution to prove the accusation leveled against accused

relied on the evidence of PWs-1 to 14, documents Ex.P.1 to

Ex.P.18, so also got identified M.Os.1 and 2.

5.

On closure of prosecution evidence, statement of

accused under Section 313 Cr.P.C. came to be recorded.

Accused has denied all the incriminating material evidence

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appearing against him and claimed that false case is filed. Trial

Court after appreciating the evidence on record has acquitted

accused from the accusation leveled against him.

6.

Appellant/State feeling aggrieved by the judgment

of acquittal passed by trial Court preferred this appeal

contending that findings recorded by trial Court are contrary to

the evidence on record. There was absolutely no any valid

reason to discard the evidence of injured eyewitness, PW-6 and

the other eyewitness PW-7 to 10 have specifically spoken about

actionable negligence of the accused in driving lorry bearing

registration No.KA-31/5705 at the time of accident. The spot

features recorded in the spot panchanama Ex.P.1 and the

sketch map Ex.P.2 has not been properly appreciated with

reference to the evidence of PWs-6 to 9. The approach and

appreciation of oral and documentary evidence by trial Court

and findings recorded cannot be legally sustained. Therefore,

prayed for allowing the appeal and to set aside the judgment of

trial Court. Consequently, to convict the accused for the

aforesaid offences.

7.

In

response

to

notice,

respondent/accused

appeared through learned counsel.

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8.

Heard the arguments of both sides.

9.

On careful perusal of the oral and documentary

evidence placed on record by the prosecution, it would go to

show that the accident occurred on 29.04.2013 at 10 p.m. The

lorry bearing registration No.KA-31/5705 was driven by

accus