MOHAMMAD HANIF JAINUM KHALIFA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein, who was serving as a driver in the Karnataka State Road Transport Corporation [Hereinafter, "KSRTC".] bus, came to be tried and convicted by the Court of learned 1st Addl. Civil Judge & JMFC, Athani at Athani [ Hereinafter, "trial court".] by judgment and order dtd. 26/12/2015 passed in C.C. No.933 of 2011 for the offences under Ss. 279 and 304A of the Indian Penal Code, 1860 [ Hereinafter, "IPC".] and under Sec. 134 read with Sec. 187 of the Motor Vehicles Act, 1988 [ Hereinafter, "MV Act".]. The appellant came to be sentenced to undergo simple imprisonment for four months for the offence punishable under Sec. 279, IPC and to undergo simple imprisonment for six months for the offence punishable under Sec. 304A, IPC.

(3.) As per the case in the complaint filed by the informant, who was a permanent resident of village Mangasuli, on 17/4/2011 at around 03.30 pm, he along with his sister-in-law Shobha and her mother Housabai took the bus bearing registration No.KA-23-F-390 driven by the appellant to travel from Athani to return home. At around 04.30 pm, since they were to alight from the bus, the bus conductor whistled to stop the bus near Mallayya Temple.