STATE Vs. KISHORE KUMAR

JUDGEMENT

(1.) The State is before this Court challenging the judgment and order of acquittal dated 20.8.2018 passed by Additional Civil Judge and JMFC, Bantwal, D.K. District in C.C.No.1322/2016.

(2.) I have heard the learned High Court Government Pleader. Though this case is listed for hearing on Interlocutory Application, with the consent of the learned High Court Government Pleader, the same is taken up for final disposal and notice to respondent is dispensed with.

(3.) The genesis of the case of the prosecution is that, accused being the driver of the bus, on 29.06.2016 at about 2.00 p.m. drove the same in a rash and negligent manner and dashed to the pedestrian who was proceeding on the mud road, as a result of the same he sustained grievous injuries and he was shifted to Bantwal, Samudaya Health Centre, where he succumbed to the injuries. On the basis of the complaint, a case has been registered and after investigation charge sheet has been filed. The learned Magistrate took the cognizance, secured the presence of the accused and after hearing, his plea was recorded. Accused pleaded not guilty, he claims to be tried, as such trial was fixed.