MAHANTESH DUNDAYYA YADAVADMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was tried as an accused by the Court of the Metropolitan Magistrate, Traffic Court-II, Bangalore, (hereinafter for brevity referred to as the "Trial Court") in C.C.NO.489/2007, for the offences punishable under Sections 279 and 304-A of the Indian Penal Code, 1860 (hereinafter for brevity referred to as the "IPC") and was convicted by the judgment of conviction and order on sentence dated 25-02-2009. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.212/2009 in the Court of the City Fast Track (Sessions) Judge, Bangalore City (F.T.C.No.VII) (hereinafter for brevity referred to as the "Sessions Judge's Court"), which after hearing both side dismissed the appeal filed by the accused by its judgment dated 27-07-2011. Not satisfied with the same, the accused has preferred the present revision petition.

(2.) The summary of the case of the prosecution is that on 11-01-2007, when the complainant (PW-1) was on duty from 2:00 p.m. to 10:00 p.m., near Victoria Hospital at K.R. Point, within the limits of the respondent - Police Station, at about 7:30 p.m., the present accused driving the Volvo Bus bearing registration No.KA-01/F-1939, violating the traffic signal given by the complainant to stop the Bus, rushed ahead and passed on a pedestrian, who was crossing the road from east to west direction. Due to the said rash and negligent driving of the Bus driver, it dashed to the pedestrian who fell down and the right front wheel of the Bus ran over him crushing his head, due to which injuries, the pedestrian succumbed to the injuries in the spot. Thus, it was alleged in the charge sheet that the accused has committed an offence punishable under Sections 279 and 304-A of the IPC.

(3.) The respondent - State is being represented by the learned High Court Government Pleader.