MOHAMMED ASHRAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner is accused No.1 in C.C.No.77/2010 before the learned III Additional Senior Civil Judge and JMFC, Mangaluru, Dakshina Kannada (hereinafter referred to as 'the Trial Court')- He is challenging the judgment of conviction and order of sentence dated 29.09.2011 convicting him for the offences punishable under Sections 279 and 304A of IPC and under Section 181 of MV Act and sentencing him to undergo simple imprisonment for a period of one month for the offence punishable under Section 279 of IPC and to pay fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of 15 days and to undergo simple imprisonment for a period of six months for the offence punishable under Section 304A of IPC and to pay fine of Rs.2,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month and to pay fine of Rs.500/- for the offence punishable under Section 181 of MV Act and in default of payment of fine, to undergo simple imprisonment for a period of 15 days.

(2.) Brief facts of the case, as made out by the prosecution, are that, the revision petitioner/accused No.1, being the rider of the motorcycle bearing registration No.KA19 Y 6582, rode the same in a rash and negligence manner so as to endanger human life on 03.05.2009 on the National Highway leading from Mangaluru to Udupi and dashed against B.Nemu Shetty at 12.30 p.m. while he was crossing the road, as a result of which, he succumbed to the injuries. It is also stated that accused No.1 was not holding valid driving licence and thereby, he has committed the offences punishable under Sections 279 and 304A of IPC and Section 3(1) read with 181 of MV Act.

(3.) The prosecution, in support of its contentions, examined PWs.1 to 5 and got marked Exs.P1 to P13.