NAGARAJU @ NAGAPPA. S/O. HANUMANTHAPPA Vs. STATE OF KARNATAKA BY POLICE INSPECTOR RAILWAY POLICE, DAVANGERE

JUDGEMENT

(1.) THIS revision petition is filed by A1 along with A2 who were put on trial in respect of the offences punishable under Sections 279, 337, 338, and 304 -A of IPC. The trial court convicted both the accused and they were sentenced to one year S.I. and Rs. 5,000/ - fine. in default to undergo 3 months further imp0risonment. The appellate court dismissed the appeal preferred by this Petitioner by this Petitioner as well as the other accused A2.

(2.) THE case of the prosecution in short is that, on 18.10.1999, a passenger train bearing No. 251 had arrived at Chitradurga railway station and it got a signal from the station master to move at about 2.15 p.m. The 2nd accused in this case who was the railway guard/gate man working at the railway level crossing gate No. 23 -B situated between the Chitradurga and Balenahalli railway station did not take necessary care to closed the gates. However, he closed one gate and before the other could be closed, a passenger bus driven by the Petitioner herein tried to cross the railway line and the process, the bus was found between the two gates and the collusion occurred between the bus and the train. On account of the said accident, six persons were died and nine persons were injured.

(3.) LEARNED Counsel for the Petitioner who is A1 argued that this Court has allowed the criminal revision petition filed by A2 in Cro. R.P. No. 326/2004 and conviction of A2 was set aside and he was acquitted by giving him the benefit of doubt of double. It is therefore contended that the present Petitioner also stands on the similar footing and therefore, the Petitioner also be acquitted of the offences. Apart from this, it is also argued by referring to the evidence on record that the eyewitnesses P.Ws. 9 to 11 have turned hostile and the bus inmates have put the blame for the accident on both the drive5rs. Under the said circumstances, the Petitioner also be acquited by giving him the benefit of doubt.