SHANKARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner/accused is before this Court assailing the impugned Judgment of conviction and order of sentence dtd. 7/9/2007 passed in Criminal Case No.32/2005 on the file of learned Civil Judge (Jr.Dn.) and J.M.F.C, Navalgund (for short 'the Trial Court'), convicting him for the offences punishable under Ss. 279 and 304(A) of IPC and under Sec. 134 read with Sec. 187 of Motor Vehicles Act (for short 'the M.V.Act.') and sentencing him to undergo simple imprisonment for two months for the offence punishable under Sec. 279 of IPC and to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1,000.00, in default of payment of fine amount, to undergo simple imprisonment for a period of two months for the offence punishable under Sec. 304(A) of IPC and to pay fine of Rs.500.00, in default of payment of fine amount, to undergo simple imprisonment for a period of one month for the offence punishable under Sec. 134 read with Sec. 187 of M.V. Act, which was confirmed by the learned Principal District and Sessions Judge, Dharwad (for short 'the Appellate Court') vide Judgment dtd. 31/1/2011 passed in Criminal Appeal No.141/2007.

(2.) Brief facts of the case are that the informant-Sri Parappa Shivappa Hireholi lodged the first information with Navalgund police on 4/1/2005 against the driver of the lorry bearing Registration No.KA-26/7425 stating that the accused being the driver of the lorry driven the same in a rash and negligent manner so as to endanger the human life, from Navalgund towards Hubballi and dashed to Renuka-a minor girl aged 16 years, while she was crossing the road along with the informant and caused her death at the spot and thereby committed the aforesaid offences.

(3.) On the basis of the first information, Navalgund Police registered Crime No.3/2005 and the investigation was undertaken. During the investigation, it is revealed that the revision petitioner was the driver of the offending vehicle at the time of accident. After investigation, the charge sheet came to be filed against the accused for the above said offences. The accused has appeared before the Trial Court and pleaded not guilty for the charges leveled against him.