S.M.REVANASIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed under Section 397 r/w Section 401 of Cr.P.C. Seeking to set aside the order passed by the Fast Track Judge, Ranebenur in Crl.A.No.67/2009 dated 12.02.2013 dismissing the appeal and confirming the judgment of conviction and order of sentence passed by the Civil Judge (Jr.Dn.) and JMFC, Byadgi in C.c.No.416/2006 dated 05.08.2009.

(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, on 10.08.2006 at about 1.00 a.m. in the limits of Byadgi police station on P.B.Road, opposite Jeevan Raksha Police Chowki of Chatra village, the accused being the driver of the lorry bearing No.KA-16/A-3281 drove the vehicle from Haveri towards Ranebennur in a rash and negligent manner endangering human life and public safety and hit the 407 vehicle bearing No.KA-20/1028 which was standing by the side of the road and after having caused the accident, the accused fled from the spot without intimating the same to the nearest police station. It is also alleged that, in the said accident C.Ws.6, 7 and 8 have sustained simple as well as grievous injuries and C.W.8 Mahantesh who sustained grievous injuries subsequently succumbed in the hospital. Hence, the accused has been prosecuted for the offences punishable under Sections 279, 337, 338 and 304-A of IPC and Section 187 of M.V.Act. On the basis of the complaint, the investigating officer has registered the crime and issued the FIR. After investigation, he has submitted the charge sheet against the accused for the above said offences. On the basis of the charge sheet, the learned Magistrate taken cognizance of the alleged offences and the presence of the accused was secured.