State vs Manjunatha

Huluvadi G. Ramesh, J.—This appeal is by the State against the order of acquittal passed by the Prl. Civil Judge (Jr. Dn.) & JMFC, Shidlaghatta, in C.C. No. 216/2004 by order dated 28.8.2006.

It is alleged that, on 13.06.2004 around 12.30 in the afternoon, the accused being the driver of the tempo bearing No. KA-40-2399, drove the vehicle in a rash and negligent manner endangering human life, in front of the house of one Ramappa of Handiganal village of Shidlaghatta taluk and dashed against a female child Kum. Sneha, who was standing near the side of the road and caused her death.

Heard the learned Government Pleader. None represents the Respondent.

The police have filed the charge sheet against the accused. During enquiry before the learned Magistrate, about 7 witnesses were examined and 7 documents were got marked. The trial Court, after having framed the charges, having examined the witnesses heard the Counsel for the parties. Also having noticed that one of the witnesses being an eyewitness to the incident has admitted that, he could see the incident only after the child met with the accident and cried and, also on noticing the fact that the said witness could not explain as to which portion of the tempo dashed to the child and as such, it is rather difficult to believe whether he is a real eyewitness to the incident or not, has acquitted the accused holding that the accused is not guilty of the offences alleged.

However, the other evidence on record like the spot mahazar and the statement of the witnesses depict that, there is a positive evidence against the accused and the case has not been dealt in a proper manner by the trial Court. There is also non-consideration of the evidence such as, the spot of the accident, width of the road especially when the road sketch was available and also in case of death of a child question of attributing negligence does not arise.

In the result, appeal is allowed and the impugned order is set aside. The matter is remitted to the trial Court for disposal of the same, in accordance with law, after affording opportunity to both the parties and after considering the material evidence available on record. Office to send back the records.