SHIVANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner faced trial in C.C.No.168/2008 on the file of the JMFC., Hiriyur, for the offences punishable under Ss.279, 337 and 304-A of the Penal Code, 1860 (for short "IPC"). The petitioner was found guilty and was convicted for the offences under Ss.279 and 304-A IPC by the learned Magistrate and was imposed sentence of fine of Rs.1,000/-, in default to undergo S.I. for a period of 1 month for the offence under S.279 IPC and was sentenced to undergo imprisonment for a period of 2 years and pay fine of Rs.10,000/- and in default of payment of fine to undergo S.I. for a period of 4 months for the offence punishable under S.304-A IPC.

(2.) BACKGROUND facts of the case in a nutshell are as follows:

(3.) SRI Vijayakumar Majage, learned HCGP, on the other hand contended that, indisputedly, the petitioner was the driver of offending Lorry and for the purpose of finding out the guilt on the part of the petitioner, both the Courts below have examined the entire record of the case, which includes the evidence of the Bus conductor- eyewitness and that the offending vehicle having no mechanical defect, the petitioner having not been able to make out any error of judgment and in view of the material circumstances appearing in the record of the case, the findings recorded are justified. He submitted that the petitioner having driven the Lorry in rash and negligent manner, dashed to the parked Bus, which resulted in grievous injuries to the two drivers of the Bus, who were changing the tyre of the Bus. Learned counsel referred to the spot mahazar and the sketch and submitted that, in the circumstances of the case, the Courts below were justified in finding the petitioner guilty and sentencing him to undergo imprisonment and pay the fine amount.