GANGADHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1908 for setting aside the judgment of conviction passed by the Senior Civil Judge and JMFC, Hirekerur in C.C.No.238/2011 dated 21.01.2016 confirmed by the II Additional District and Sessions Judge in Criminal Appeal No.9/2016 vide judgment dated 20.01.2020 and sought for acquitting him of the charges leveled against petitioner.

(2.) For the sake of convenience, parties are referred to with the original ranks occupied by them before the Trial Court.

(3.) The brief facts of the case are that accused was the driver of Mahindra Tempo bearing registration No.KA-27/A-8129. That on 25.06.2009, he was on the way to Jogihalli from Hamsabhavi and he was driving the vehicle in a rash and negligent manner with 15-20 passengers on the board. After passing 1 km away from Hadrihalli, near the land of one Sadashiva Hottegoudra, all of a sudden the accused lost control over the vehicle because of high speed and suddenly applied breaks and as a result, the vehicle fell in a roadside ditch at about 3.45 p.m. Due to the said accident, the complainant and others sustained injuries and one lady by name Puttamma succumbed in the hospital on account of accidental injuries. Hence, on the basis of the complaint and after investigation, the investigating officer has submitted the charge sheet against the accused for the offences punishable under sections 279, 337, 338, 304-A of IPC. After submission of the charge sheet, the learned Magistrate took cognizance and issued summons to the accused. Accused appeared before the Magistrate and was enlarged on bail. The plea of the accused was recorded wherein he pleaded not guilty. Then the prosecution has led the evidence of 19 witnesses as PW1 to PW19 and documents as per Ex.P1 to Ex.P20 were marked. Thereafter, the statement of the accused under Section 313 of Cr.P.C., was recorded. Accused did not give his explanation to the incriminating evidence appearing against him but the case of the prosecution was totally denied by him. He has also not led any evidence. After hearing the arguments, the learned Magistrate has convicted the accused for the offence punishable under Sections 279, 337, 304-A of IPC, but acquitted him for the offence punishable under Section 338 of IPC. The learned Trial Court imposed sentence to pay fine for the offences punishable under Section 279 and 337 of IPC and as regards offence punishable under section 304-A of IPC, he was sentenced to undergo simple imprisonment for a period of one year and to pay fine amount of Rs.2,000/- with default clause.