G PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in CC No. 298 of 1996 on the file of the learned CJM, Bellary (hereinafter referred to as "Trial Court" for short) has challenged in this revision the legality and correctness of the judgment and order of conviction and sentence dated 19-9-1998 passed in the said case convicting him for the offences under Sections 279 and 304-A of the Indian Penal Code, 1860 and sentencing him to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for a further period of one month for the offence under Section 279 of the IPC and to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 3,000/-, in default, to undergo simple imprisonment for a further period of three months for the offence under Section 304-A of the IPC. He has further challenged in this revision the judgment and order dated 23-1-2006 passed in Cri. A. No. 48 of 1998 by the learned Presiding Officer, Fast Track Court-II, Bellary (hereinafter referred to as "Appellate Court" for short) confirming the said judgment and order of conviction and sentence passed by the Trial Court.

(2.) Heard the arguments of Smt. Anuradha Deshpande for the revision Petitioner-accused and Sri P.H Gotkhindi, learned High Court Government Pleader for the Respondent and perused the impugned judgments and orders passed by the Trial Court as well as the Appellate Court and also perused the entire records obtained from the Trial Court.

(3.) The accusation against the revision Petitioner-accused was that on 4-7-1996 at about 9-15 a.m. in front of Government High School at Koralagundi Village within the limits of Bellary Rural Police Station, drove the KSRTC bus bearing Registration No. KA-25/F-420 in a rash and negligent manner from Bellary side towards Gudaduru Road so as to endanger the human life and dashed against one Shankargowda S/o. Eranna Gowda who was standing by the side of the road and thereby caused his death and thus committed the offences under Sections 279 and 304-A of IPC.