BHEEMANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/accused under Sec. 397(1) of Cr.P.C against the judgment of conviction and order passed by the J.M.F.C., Yellapura (hereinafter referred to as 'the trial Court', for short) in C.C.No.59/2009 dtd. 16/1/2010 and the same was upheld by the Fast Track Court, Sirsi (hereinafter referred to as 'the first Appellate Court', for short), in Criminal Appeal No.20/2010 dtd. 26/7/2011.

(2.) Heard the arguments from both sides and perused the records. The rankings of the parties before the trial Court are retained for the purpose of brevity.

(3.) The case of the prosecution is that, Yellapura police filed charge sheet against the accused for the offences punishable under Ss. 279, 337 and 304A of IPC on the complaint filed by P.W.1- Yallappa Kallappa Navalgunda, alleging that the complainant and other were traveling on N.H.-63 in a Tata Sumo vehicle bearing No.KA-25/A-2912 from Hubballi to Halaga, and the vehicle was driven by the accused, near Kolikere village at 3-30 a.m. the accused drove the vehicle in a rash and negligent manner so as to endanger the human life and caused accident by the vehicle taken by him in extreme right side of the road and toppled down the vehicle, due to which, one Nijalingappa has sustained injuries and died on the way to the hospital. P.Ws.1, 2 and another person sustained injuries.