State appealed against acquittal of accused charged under IPC Sections 279, 338, and 304A for rash driving causing death. Court held prosecution failed to prove rashness beyond reasonable doubt. Appeal dismissed.
Appeal against acquittal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2021
BEFORE:
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1817 OF 2018
BETWEEN
THE STATE BY KONAJE POLICE STATION, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDIING, BENGALURU - 01.
... APPELLANT
[BY SMT. LEENA C. SHIVAPURMATH, HCGP]
AND
ASFAN AGED 21 YEARS S/O MAHAMMAD SHAHAJAHAN R/O D.NO.2-129, VERKARAGUDDA HOUSE, KONAJE VILLAGE & POST MANGALORE - 574 199.
…RESPONDENT
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) AND (3) CR.P.C. BY THE STATE PUBLIC PROSECUTOR FOR THE STATE PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER DATED 07.06.2018 PASSED BY THE COURT OF JMFC (III COURT) AT MANGALORE IN C.C.NO.1849/2016, ACQUITTING THE ACCUSED/ RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 279, 338 AND 304A OF IPC.
THIS CRIMINAL APPEAL COMING ON FOR JUDGMENT THROUGH PHYSICAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:s
2
JUDGMENT
Heard Smt. Leena C. Shivapurmath, learned High Court Government Pleader appearing for the appellant-State and perused the trial Court records.
3
4
represented.
because it was dark, he cannot say the speed of the car. He has admitted that there was a tree touching the tar road and from the opposite direction another vehicle was coming and it is possible that the said vehicle was coming in a high speed and to avoid the collision, the accused might have taken his vehicle to the left side of the road.
there were vehicles coming from the opposite direction and she came to know about the accident only after the car hit
5
the tree. According to her, accident did not take place when the accused tried to avoid the on-coming vehicle. The said evidence is contrary to the evidence of P.W.1.
Sd/JUDGE
GVP
2 issues framed by the court
Whether the prosecution has established guilt of rash and negligent driving causing death beyond reasonable doubt.
Whether the High Court can interfere with the trial Court's plausible view in an appeal against acquittal.
2 provisions across 2 enactments
THE STATE BY KONAJE POLICE STATION, REPT. BY STATE PUBLIC PROSECUTOR
ASFAN
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
