R. DEVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was tried in the Court of Addl. Civil Judge (Jr. Dn.) and JMFC at Sidlaghatta (for brevity, hereinafter referred to as 'the Trial Court') for the offences punishable under Sections 279 and 304(A) of IPC and was convicted for the said offences by the Judgment of the Trial Court dated 30.10.2010 and was sentenced accordingly. The petitioner challenged the said order in the Court of Adhoc Sessions Judge, FTC-II, Chintamani (for brevity, hereinafter referred to as the 'Session Judge's Court') in Criminal Appeal No. 47/2010, which Court also by its Judgment dated 31.03.2011 while confirming the impugned Judgment passed by the Trial Court, dismissed the appeal. Aggrieved by the same, the petitioner has preferred this revision petition.

(2.) The summary of the case of the prosecution was that on 27.08.2006 at about 7.00 p.m., at a circle near Mini Bus-stand of Sidlaghatta, the accused riding his Bajaj Chetak Scooter bearing Registration No. KA-04/K-1863 in a rash and negligent manner dashed to another TVS XL Moped bearing Registration No.KA-04/E-8741 causing an accident due to which the rider of the said moped by name K. Venkateshappa aged about 36 years fell down and sustained fractured injuries and died on 26.09.2006 and thus the accused has committed the offences punishable under Sections 279 and 304(A) of IPC. Since the accused pleaded not guilty, the trial was held wherein prosecution witnesses were got examined as PW-1 to PW-10. The complainant got himself examined as PW-3 and got marked documents from Exs.P1 to P10. The accused neither himself led any evidence nor examined any witness on his behalf, so also did not mark any documents. After hearing both side, the Trial Court by its impugned Judgment of conviction and Order on sentence dated 30.10.2010, convicted the accused for the offences punishable under Sections 279 and 304(A) of IPC and sentenced him accordingly.

(3.) The Sessions Court and the Trial Court records were called for and the same are placed before the Court. Perused the materials placed on record.