YAMANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed against the judgment and order of conviction passed by the Fast Track Court, Jamkhandi in Crl.A.No.62/2011 dated 31.01.2012 whereby the learned Sessions Judge has dismissed the appeal by confirming the judgment of conviction and order of sentence passed by the Additional Civil Judge & JMFC, Jamkhandi in C.C.No.282/2009 dated 18.07.2011.

(2.) The facts leading to the case care that, on 19.03.2009 at about 3.00 p.m, within the limits of Jamkhandi Rural Police Station, on Mareguddi-Kallusallu country side road, the accused being the driver of the Tractor & Trailer bearing Reg.No.KA-48/T-4248-4249, drove it in a rash and negligent manner endangering human life and public safety from Mareguddi village towards Kallusallu and while P.W.1 was walking by the side of the road, the accused knock down P.W.1 causing grievous injuries to her and thereafter fled from the spot without intimating the accident to the nearest police station and without attending the injured. The victim was admitted in KLE Hospital, Belagavi and she filed a complaint in crime No.32/2009 of Rural Police Station and thereafter, Investigating Officer has submitted charge sheet against the accused for the offences punishable under Sections 279 and 338 of IPC and Section 187 of M.V.Act. The case was registered in C.C.No.282/2009 and the learned Magistrate after taking cognizance issued process to the accused. The accused appeared and was enlarged on bail. The plea was framed and read over to the accused and he pleaded not guilty.

(3.) The prosecution has examined 15 witnesses and got marked 12 documents as per Exs.P1 to P12. The learned Magistrate recorded the statement of the accused under Section 313 of Cr.P.C. to enable him to explain the incriminating evidence appearing against him. However, the case of the accused is total denial, but he has not put forward any defence evidence. Then, the learned Magistrate after hearing the arguments convicted the accused under Section 255(2) of Cr.P.C. for the offences punishable under Sections 279 and 338 of IPC as well as under Section 187 of M.V.Act. He has imposed sentence of simple imprisonment for a period of three months with fine of Rs.1,000/- for the offence punishable under Section 279 of IPC and simple imprisonment for a period of six months with fine of Rs.1,000/- for the offence punishable under Section 338 of IPC and fine of Rs.500/- for the offence punishable under Section 187 of M.V.Act.