ANWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed under Section 397 r/w Section 401 of Cr.P.C for setting aside the judgment of conviction and order of sentence passed by the Fast Track Court, Jamakhandi in Crl.A.No.50/2012 dated 13.11.2012 and judgment and order of conviction passed by the Addl. Civil Judge and JMFC, Jamakhandi in C.C.No.245/2011 dated 19.04.2012 and acquit the accused for the offences punishable under Sections 279, 338 of IPC and Section 187 of M.V.Act.

(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 25.11.2010 at about 6.00 p.m. within the limits of Jamakhandi Rural Police Station, on PWD Road, leading from Jamakhandi-Hulyal village, near Hulyal Cross, the accused being the driver of the auto rickshaw bearing No.KA-48/2365 drove it in a rash and negligent manner without possessing valid driving licence and dashed to the motorcycle bearing No.KA-48/E-988 causing grievous injuries to P.W.1 and P.W.3. After having caused the accident, he fled away from the spot without attending the injured and without reporting the accident to the nearest police station. In this regard, accused was prosecuted. On the basis of the complaint, investigating officer investigated the crime and submitted the charge sheet against the accused. After submission of the charge sheet, learned Magistrate has taken cognizance of the alleged offences and issued process against the accused. The accused has appeared through his counsel and was enlarged on bail. The plea was recorded and accused denied the accusation.