SUBRAMANI Vs. STATE OF CHANNARAYAPATNA

JUDGEMENT

(1.) The present petitioner was tried by the Court of the Civil Judge (Jr.Dn.) and J.M.F.C. at Devanahalli (hereinafter for brevity referred to as "the Trial Court") in C.C.No.87/2008 for the offence punishable under Ss. 279, 338 and 304A of the Indian Penal Code 1860 (hereinafter for brevity referred to as "the IPC") and was convicted for all the three alleged offences and was sentenced accordingly by its judgment of conviction and order on sentence dtd. 29/8/2009.

(2.) The summary of the case of the prosecution in the Trial Court was that, on 26/10/2007, at about 2:30 p.m. on National Highway No.207, between Devanahalli-Sulibele Road, near Channahalli Gate, the accused being the driver of motor Car bearing registration No.KA-08/M-126, drove the same in a rash and negligent manner and dashed to a motorcycle which was coming from the opposite direction and thus, caused the road traffic accident. In the said road traffic accident, the rider of the motorcycle Sri - Rajanna @ Muniraju sustained grievous injuries and succumbed to the injuries in the spot and the pillion rider of the motorcycle sustained grievous injuries and thereby has committed the offences punishable under Ss. 279, 338 and 304A of the IPC.

(3.) Since the accused pleaded not guilty in the Trial Court, the prosecution, in order to prove the alleged guilt against the accused, examined seven witnesses from PW-1 to PW-7 and got marked documents from Exs.P-1 to P-7(a) and closed its side. On behalf of the accused, neither any witness was examined nor any documents were marked.