SHRI. KENCHAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner is before this Court assailing the impugned judgment of conviction and order of sentence dated 02.06.2011 passed in C.C.No.145/2010, on the file of the learned Additional Civil Judge and JMFC, Haveri (for short 'the Trial Court'), convicting the accused for the offences punishable under Sections 279 and 337 of the Indian Penal Code (hereinafter referred to as 'the IPC for the sake of brevity) and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1,000/- and in default to pay fine amount, to undergo further simple imprisonment for a period of one month for the offence punishable under Section 279 of IPC and sentencing him to pay a fine of Rs.500/- and in default to pay fine amount, to undergo simple imprisonment for a period of one month for the offence punishable under Section 337 of IPC. The judgment of conviction passed by the Trial Court is confirmed in Criminal Appeal No.27/2011 by the learned Sessions Judge, Haveri (for short 'the Appellate Court'). But however, the sentence to undergo simple imprisonment for six months for the offence punishable under Section 279 of IPC is reduced to three months vide judgment dated 12.09.2012.

(2.) Brief facts of the case are that, the informant lodged the first information against the accused alleging that he was the driver of the KSRTC Bus bearing Registration No.KA-27/F-236 and driving the same from Guttal towards Kuragund in a rash and negligent manner, with high speed so as to endanger the human life. As a result of which, the accused lost control over the bus and the bus turtled on the right side of the road, causing injuries to CWs.4 to 6, who were the inmates of the bus. Thereby, the accused committed the offences punishable under Sections 279 and 337 of IPC. The Investigating Officer filed charge sheet against the accused for the above said offences.

(3.) The accused was summoned in C.C.No.145/2010 before the Trial Court. The accused appeared before the Trial Court and pleaded not guilty for the above said offences and claimed to be tried. The prosecution examined PWs.1 to 9 and got marked Exs.P1 to P9 in support of its contention. The accused denied all the incriminating materials available on record in his statement recorded under Section 313 of Cr.P.C, but has not chosen to lead any evidence in support of his defence.