D. MALLA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the petitioner under Section 397 Cr.P.C. being aggrieved by the judgment of conviction and sentence passed by the First Senior Civil Judge and CJM, Ballari (hereinafter referred to as the trial Court , for brevity) in CC No.64/2008 dated 22.07.2010 and upheld by the Fast Track Court- II, Ballari (hereinafter referred to as the first Appellate Court , for brevity) in Criminal Appeal No.65/2010 dated 08.10.2010, for having found the petitioner guilty of the offences punishable under Sections 279 and 304(A) of the IPC and Section 187 of the Motor Vehicles Act, 1988 (hereinafter referred to as the M.V. Act , for brevity).

(2.) Heard the arguments of learned counsel for the petitioner and the learned HCGP for the respondent-State and perused the records. The rankings of the parties before the trial Court are retained for convenience.

(3.) The case of the prosecution in brief is that, the CPI Rural Police, Ballari filed the charge sheet against the accused alleging that, on 09.03.2008 at about 02.40 am, on a road leading to Bellary to Shruguppa, near Vakrani Camp, the accused being the driver of the lorry bearing registration No.AP 13/X 0882 drove the said vehicle in a rash and negligent manner with high speed endangering human life and caused the accident and dashed to one Lakshmi Devi, who sustained injuries and died on the spot and also drove the vehicle over 153 sheeps and its baby sheeps and three donkeys were also died on the spot. The same was not intimated to the police and he has also not provided any treatment to the deceased. Thereby he has committed offence under Sections 279 and 304-A of IPC and Section 187 of the MV Act. After taking cognizance against the accused, the charges were framed and read over to the accused. He denied the charges and claimed to be tried. Accordingly, the prosecution examined 14 witnesses and got marked 15 documents. After closing the evidence the statement of the accused under Section 313 Cr.P.C. is recorded. The case of the accused is one of total denial and he himself was examined as DW1 and got marked five documents.