STATE OF KARNATAKA Vs. SATISH

JUDGEMENT

(1.) Truck No. MYE-3236 being driven by the respondent turned turtle while crossing a "nalla" on 25/11/1982 at about 8.30 a. m. The accident resulted in the death of 15 persons and receipt of injuries by about 18 persons, who were travelling in the fully loaded truck. The respondent was charge-sheeted and tried. The learned trial court held that the respondent drove the vehicle at a high speed and it was on that account that the accidenttook place. The respondent was convicted for offences under S. 279, 337, 338 and 304-A Indian Penal Code and sentenced to various terms of imprisonment. The respondent challenged his conviction and sentence before the Second a additional Sessions Judge, Belgaum. While the conviction and sentence imposed upon the respondent for the offence under Section 279 Indian Penal Code was set aside, the appellate court confirmed the conviction and sentenced the respondent for offences under S. 304-A, 337 and 338 Indian Penal Code. On a criminal revision petition being filed by the respondent before the High court of Karnataka, the conviction and sentence of the respondent for all the offences were set aside and the respondent was acquitted. This appeal by special leave is directed against the said judgment of acquittal passed by the high court of Karnataka.

(2.) We have examined the record and heard learned counsel for the parties.

(3.) Both the trial court and the appellate court held the respondent guilty for offences under S. 337, 338 and 304-A Indian Penal Code after recording a finding that the respondent was driving the truck at a "high speed". No specific finding has been recorded either by the trial court or by the first appellate court to the effect that the respondent was driving the truck either negligently or rashly. After holding that the respondent was driving the truck at a "high speed", both the courts pressed into aid the doctrine of res ipsa loquitur to hold the respondent guilty.