ISHWAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner under Section 397 Cr.P.C. for setting aside the judgment of conviction and order of sentence passed by the Addl. JMFC, Jamakhandi (hereinafter referred to as 'the trial Court', for brevity) in CC No.185/2009 dated 28.06.2011 and confirmed by the Fast Track Court, Jamkhandi (hereinafter referred to as 'the first Appellate Court', for brevity) in Criminal Appeal No.60/2011 dated 31.03.2012, for having found the petitioner guilty of the offence punishable under Sections 279, 338 of the IPC and Section 187 of the Motor Vehicles Act, 1988 and sentencing him to undergo simple imprisonment for a period of three months and to pay a fine of Rs. l,000/- for the offence under Section 279 of IPC, in default of payment of fine to undergo simple imprisonment for ten days and to undergo simple imprisonment for a period of six months and to pay a fine of Rs. l,000/- for the offence punishable under Section 338 of IPC, in default of payment of fine to undergo simple imprisonment for a period of ten days and further sentenced pay fine of Rs. 500/- for the offence punishable under Section 187 of the M.V. Act.

(2.) Heard the arguments of learned counsel for the petitioner and the learned HCGP for the respondent-State. The rankings of the parties before the trial Court are retained for brevity.

(3.) The case of the prosecution before the trial Court is that, the Savalagi Police Station, Taluk Jamkhandi, filed charge sheet against the accused for the offences punishable under Sections 279 and 338 of the IPC, alleging that, on 03.12.2008 at 7.00 pm, the petitioner being the rider of the motorcycle TVS Vector bearing No.KA-28/Q-0405, driven the motorcycle on in a rash and negligent manner endangering human life and dashed to Rahul Kambagi - PW4 and caused grievous injuries. After taking cognizance, the accusations were read over to the accused. He has pleaded not guilty and accordingly the prosecution examined nine witnesses and seven documents. After hearing the arguments, the trial Court found the accused guilty of the offences alleged and convicted and sentenced him to undergo imprisonment as statedsupra. Assailing the judgment of conviction and sentence, the accused filed appeal before the first Appellate Court, which came to be dismissed on 31.03.2012. Hence the accused is before this Court.