IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 02^ND DAY OF DECEMBER 2020

BEFORE

THE HON’BLE MR.JUSTICE RAVI V.HOSMANI

CRIMINAL APPEAL NO.100135/2014

BETWEEN

State of Karnataka

Represented by the

Police Sub-Inspector,

Sirigeri Police Station

Through the Addl.State Public Prosecutor,

Advocate General Office,

High Court of Karnataka Dharwad Bench.

... Appellant

(By Shri Venkat Satyanarayana A., HCGP)

AND

Putta Swamy S/o Lakshi Gouda,

Age: 58 years, Lorry Driver,

R/o Kenchanahalli village,

Hassan taluk and district.

... Respondent

(By Shri R.H.Angadi, Advocate)

This Criminal Appeal is filed under Section 378(1)

and (3) of Cr.P.C. seeking to set aside the judgment and

order of acquittal passed in C.C.No.523/2012, dated

02.06.2014

by

the

Judicial

Magistrate

First

Class,

Siruguppa and to convict the respondent/accused for the

offences punishable under Section 279 and 304A of I.P.C.

and under Section 183 of I.M.V. Act.

2

This

appeal

being

reserved

for

judgment

on

04.11.2020, this day, the Court, delivered the following:

JUDGMENT

This

appeal

is

preferred

by

the

appellant

challenging the judgment dated 02.06.2014 passed by

the J.M.F.C. at Siruguppa in C.C.No.523/2012 thereby

acquitting the accused for the offences punishable

under Section 279, 304A of the Indian Penal Code

(‘IPC’) read with Section 183 of the Motor Vehicles

Act (‘M.V.Act’).

2.

The brief facts leading to filing of this

appeal are that a complaint came to be filed on

18.11.2011

at

1.00

p.m.

by

one

Soppinamath

Shambulingayya Swamy stating that he along with

others visited Bengaluru on 16.11.2011 in a Tempo

Trax

bearing

registration

No.KA-36/9362.

They

started their return journey to Maski, on 17.11.2011.

At about 1.30 a.m. they stopped their vehicle by the

side of road, near a tea stall in Srinivas Camp. While

they were having tea near tea stall, his uncle

3

Gurubasaiah Swamy was having tea standing behind

the Tempo Trax. At that time, a Lorry bearing

registration No.KA-12/A-121 coming from Siruguppa

and heading towards Ballari, dashed against front

side of the Trax. Due to the impact, the Trax moved

back and hit Gurubasaiah Swamy inflicting severe

injuries

to

his

chest,

right

limbs

and

waist.

Immediately

injured

was

taken

to

Government

Hospital, Siruguppa. The accused by his rash and

negligent

driving

had

committed

the

offences

punishable under Section 279, 304A of I.P.C.

3.

Based on the complaint, Crime No.95/2011

was registered at Siruguppa Police Station. After

investigation charge sheet was filed for offences

punishable under Section 279 and 337 of I.P.C. r/w

Section 183 of the M.V. Act. Subsequently, the

injured Gurubasaiah Swamy died during treatment at

KIMS Hubballi. Consequently, the charge was revised

to Section 304A of I.P.C. As accused pleading not

guilty, matter was set for trial. The prosecution

4

examined fifteen witnesses as PWs.1 to 15 and

marked

Exs.P1

to

P13.

Thereafter

the

entire

incriminating material was explained to the accused

which he denied. His statement under Section 313 of

Code

of

Criminal

Procedure,

1973

(hereinafter

referred to as ‘Cr.P.C.’) was recorded. The accused

did not choose to lead defence evidence.

4.

Based on available material, trial Court

proceeded

to

framed

following

point

for

consideration:

1.

Whether

prosecution

proves

beyond

reasonable

doubt

that

accused

committed

offences

punishable

U/sec.279, 304A of IPC r/w Section

183 of M.V.Act?

2.

What order?

5.

After answering Point No.1 in the negative,

the trial Court acquitted the accused. Challenging the

acquittal, the State is in appeal.

5

6.

Sri Venkat Satyanarayana A., learned High

Court Government Pleader (HCGP) submitted that the

accident in question occurred on 18.11.2011, at about

1.30 a.m. on State Highway No.19, when Gurubasaiah

Swamy one of the pas