SHIVANNA Vs. STATE BY HUNSUR TOWN POLICE

JUDGEMENT

(1.) When we took up this matter at the initial stage we were surprised as to how and why leave had been granted by this Court despite three concurrent judgments of the Courts below recording a conviction against the appellant for offences punishable under Sections 304A, 279, 337 and 338 of the Indian Penal Code.

(2.) The learned Counsel for the appellant has however pointed out that this had happened as there was absolutely no evidence against the appellant and the findings recorded by the courts below particularly the Trial Court and the First Appellate Court (the High Court having dismissed the criminal revision in limini) were completely outside the evidence and based on inferences which did not flow therefrom.

(3.) The facts are as under: