HULUGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed against the judgment dated 27.08.2013 passed by the II Additional Sessions Judge, Ballari in Crl.A.No.137/2012 confirming the judgment of conviction and order of sentence passed by the JMFC, Siruguppa in C.C.No.280/2011 as per order dated 31.10.2012 and prayed for allowing the criminal revision petition by setting aside the impugned judgments of conviction passed by both the courts below.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial court.

(3.) The brief facts leading to the case are that, accused was the driver of the tractor-trailer bearing No.KA-34/1137/4344. On 01.12.2010, at about 3.00 p.m. near the land of the complainant, he drove the tractor- trailer in a rash and negligent manner, endangering to human life and public safety and dashed to the daughter of the complainant by name Veena aged about 4 years, who was playing near Neelagiri tree by the side of the road. As a result, the front wheel ran over her head by which, she sustained grievous injuries and succumbed at the spot. The accused fled from the spot after having caused the accident. In this regard, the complainant has lodged a complaint against the accused. On the basis of the complaint, the investigating officer investigated the crime and submitted charge sheet against the accused for the offences punishable under Sections 279 and 304-A of IPC as well as under Section 187 of M.V.Act.