SHOWKATHALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 397(1) read with 401 of Cr.P.C. for setting aside the judgment and order dated 29.08.2012 passed by the District and Sessions Judge, Uttara Kannada, Karwar in Criminal Appeal No.95/2011 and the judgment and order dated 27.06.2011 passed by the JMFC, Yellapur in CC No.17/2011 and to acquit the accused by allowing the revision.

(2.) For the sake of convenience, the parties herein are referred as per the original rankings occupied by them before the trial Court.

(3.) The factual matrix leading to this case is that, the accused was the driver of the lorry bearing No.KA.31/4725. It is alleged that, on 30.11.2010 at about 7.00 p.m., on NH-63 near Arabail Ghat within the jurisdiction of Yellapur Police Station, the petitioner/accused drove the lorry in a rash and negligent manner and dashed to a road side tree on losing control over the lorry. It is further alleged that, after hitting to the tree, the lorry did not come to halt and it again went ahead and gone inside a petty shop-cum-house adjacent to the tree. As a result, one Krishna Narayan Bandi, who was present in the petty shop died on the spot and other two witnesses have sustained injuries. It is also alleged that, after causing the accident, the accused fled from the spot and injured have been admitted to the hospital. The complainant set the law in motion by lodging a complaint. The Investigating Officer investigated the case and submitted the charge sheet against the petitioner/accused for the offences punishable under Sections 279, 337 and 304-A of IPC and also under Section 187 as well as 196 of the Indian Motor Vehicles Act ( for short, 'MV Act'). Thereafter, the trial was conducted before the learned Magistrate and eight witnesses have been examined as PW. 1 to PW.8 and twelve documents were marked as per Ex.P1 to Ex.P12.