SHIDDANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Criminal Revision Petition No. 1261 of 2004, dated 15.11.2006. By the impugned judgment and order the High Court has confirmed the order of conviction but modified the sentence passed by the Courts below for the offences punishable Under Sections 279 and 304-A of the Indian Penal Code, 1860 (for short, "the Indian Penal Code"). The brief facts of the prosecution case are that on 02.08.2000 at about 8:45 a.m. the Appellant was driving a bus rashly and negligently when the bus collided with a motorcycle resulting in the death of two persons seated on the motorcycle. A passenger on the bus lodged a complaint before the police and a First Information Report was registered Under Sections 279 and 304-A of the Indian Penal Code. Upon the completion of investigation, a chargesheet was filed before the Trial Court.

(2.) Thereafter, the Appellant appeared before the Trial Court and after both sides were heard, charges were framed against the Appellant for the offences punishable Under Sections 279 and 304-A of the Indian Penal Code. The charges were read over and explained to the Appellant who pleaded not guilty. Accordingly, the case was committed to Trial.

(3.) In order to substantiate the charges framed against the Appellant, the prosecution examined 11 witnesses, including the complainant and other passengers of the bus who were eye-witnesses to the incident, and presented 10 documents and 11 material objects. After the completion of prosecution evidence, the statement of the Appellant was recorded Under Section 313 of the Code of Criminal Procedure, 1973 (for short, "the Code"). No evidence was led in defense of the Appellant.