S.SURENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner has filed this petition under Section 397 read with Section 401 of Cr.P.C. against the judgment and order passed in C.C.No.141/2011 dated 05.06.2012 on the file of the Judicial Magistrate First Class, Siruguppa and confirmed in Crl.A.No.63/2012 by II Addl. Sessions Judge, Bellary vide order dated 02.08.2012, whereby the Court below have convicted the accused/revision petitioner for the offences under Sections 279 and 304A of IPC.

(2.) For the sake of convenience 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 19.11.2010 at about 9.00 p.m., the complainant along with Bhoota Eraiah were proceeding to watch paddy heaps of one Bhoota Eraiah and said Bhoota Eraiah was proceeding one furlong away from the complainant. It is alleged that at that time a car came from Siruguppa side driven by the accused in a rash and negligent manner and dashed the against the Bhoota Eraiah from back side resulting in the accident and Bhoota Eraiah fell in to a ditch by the side of the road and on verification, it was found that he suffered fracture over right knee and also to left leg, lip and chest. Immediately, the complainant secured ambulance and the injured was shifted to the hospital. Then complainant verified the vehicle number which involved in the accident and ascertained the name of the driver and he has lodged a complaint.