MAHADEVANNA D.M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the impugned judgment and order dtd. 3/3/2022 of the High Court of Karnataka at Bengaluru in criminal revision, partly allowing the same by setting aside the conviction of Appellant for the charge of Sec. 279[ Rash driving or riding on a public way.] of Indian Penal Code, 1860 (in short 'IPC '), while sustaining conviction for the charge of Sec. 304-A [Causing death by negligence.] of IPC read with Sec. 134 [Duty of driver in case of accident and injury to a person.](b) and Sec. 187 [Punishment for offences relating to accident.] of Motor Vehicles Act, 1988 (in short 'MVA ') vide judgment dtd. 31/10/2012 of the Trial Court and confirmed by First Appellate Court on 1/2/2013.

(3.) The facts in nutshell are that, Appellant is employed as driver with Bengaluru Metropolitan Transport Corporation (BMTC). On the date of accident, i.e., 27/12/2011, at around 7:15 p.m., while he was driving bus bearing registration no. KA-01-F-3716, it met with an accident and dashed one Rangamma who was crossing the road on feet. Due to impact, she sustained fatal injuries and later succumbed at the hospital. The Appellant did not inform the police about the incident. On lodging of FIR against him, investigation was carried out for the offence described and the charge sheet was filed. The Trial Court found that the charges of Ss. 279, 304- A of IPC and Sec. 134-B read with Sec. 187 of MVA are proved. Aggrieved, the Appellant preferred first appeal before the Additional Sessions Judge, which also came to be dismissed on 1/2/2013 confirming the judgment of the Trial Court.