JAMES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The present special leave petition is filed by the petitioner against the judgment and final order dtd. 8/7/2022 passed by the High Court of Karnataka at Bengaluru whereby the High Court dismissed the Revision Petition and upheld the sentence of 6 months S.I. under Sec. 304A of the Indian Penal Code, 1860 (hereinafter 'IPC') and also upheld the fine of Rs.1000.00 for the offence punishable under Sec. 279 of IPC passed by the Trial court on 23/9/2013.

(3.) The case of the prosecution is that on October 18, 2009, at approximately 1 pm, the petitioner was driving his Qualis vehicle, registration number KA-01/M-3840, on the NH 206 road from Bhadravathi to Tarikeri, with a high speed and in rash and negligent manner and he dashed against the motor cycle of one Dinesh Kailaje from behind who was riding his TVS Motorcycle, registration number KA 14 W 9116, with his son PW2 as a pillion rider. Due to the said accident, Dinesh Kailaje suffered severe injuries to his head and other parts of his body, while his son sustained minor injuries. On October 21, 2009, early in the morning, Dinesh Kailaje succumbed to grievous injuries in Mangalore's KMC Hospital. The Police of Paper Town Police Station, Bhadravathi, registered a case CC No. 473/2010 against the accused punishable under Ss. 279 and 337 of IPC based on the information provided by the eyewitness to the case. When the accused appeared before the Trial court, he claimed to be tried and pleaded not guilty to the charge brought against him.