NARASIMHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this revision petition filed under Section 397 Cr.P.C. the petitioner who was accused in C.C. No. 2534/07 on the file of the JMFC, Mysore has questioned the legality and correctness of the concurrent judgment of the Courts below convicting him for the offences punishable under Sections 304A of IPC, Sections 134 (a) and (b) read with 181 of Indian Motor Vehicles Act and sentencing him to undergo imprisonment as also to pay fine.

(2.) IT is the case of the prosecution that the accused as driver of autorikshaw bearing registration No. CTO 4032 which was owned by P.W. 6 -Arogya Mary drove the said autorikshaw in a rash and negligent manner at about 5.15 p.m. on 10.9.2006 on Rajendranagar Main Road in front of tailoring shop in N.R. Mohalla, Mysore and dashed against pedestrian Smt.Puttamadamma, as a result, said Puttamadamma sustained grievous injuries to which she succumbed at about 6.30 a.m. on 11.9.2006 and that the accused after causing the accident did not take the injured to hospital for treatment nor informed the police about the accident, thereby he committed the aforesaid offences. According to the case of the prosecution, P.W. 1 -Lokesha son of Puttamadamma on corning to know of the accident came to the scene of occurrence, shifted his mother to the hospital and thereafter he lodged complaint about the accident as per Ex. P1 based on which, case came to be registered and investigation was taken up. During investigation, the accused was apprehended, autorikshaw in question was seized and after completing investigation, charge -sheet came to be filed. P.W. 4 -Ravi and P.W. 5 -Gopalakrish.na are stated to the eye -witnesses to the accident.

(3.) AFTER hearing both sides and on consideration of the oral as well as documentary evidence, the learned Magistrate by judgment dated 9.11.2008, held that the prosecution has proved the guilt of the accused for the charges levelled against him and consequently he was convicted and sentenced. In the appeal filed by the accused against the judgment of the Court below in Crl.A. No. 243/08, learned III Additional District and Sessions Judge, Mysore by judgment dated 9.12.2009 affirmed the findings of the trial Court and dismissed the appeal. It is against these concurrent judgments, the petitioner has presented this petition.