SANJEEVAPPAR PARASAPPA Vs. STATE BY HARAPANAHALLI POLICE STATION

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader.

(2.) THE present petition is filed by the accused. The facts leading up to this petition are as follows:- It is the case of the prosecution that on 21.4.2007 at about 2p.m., on Hallikatte �Harapanahalli road, near Uddghatti Cross, Davanagere District, the petitioner was driving a goods auto-rickshaw and since the same was being driven at a high speed in a rash and negligent manner and on account of a sharp turn having been taken by the vehicle, it had capsized on the left side of the road, as a result of which, two persons had suffered grievous injuries and others were also injured. It was therefore alleged against the petitioner that he was carrying passengers illegally in a goods vehicle and thereby had violated the provisions of the Motor Vehicles Act,1988 (Hereinafter referred to as the 'MV Act', for brevity), apart from committing offences punishable under Sections 279, 337 and 338 of the IPC and Sections 187 and 192 of the MV Act.

(3.) THE learned Counsel for the petitioner while not seriously disputing the accident having taken place, would plead that the same cannot be attributed to any act of rash and negligent driving on the part of the petitioner. It was out of sheer necessity that several people were being carried in the auto-rickshaw and it was not want of diligence on the part of the petitioner and therefore would plead that even if the case of the prosecution is held proved beyond all reasonable doubt, there is need for tempering the punishment against the petitioner with lenience, as he has a family to take care of and in view of the punishment being harsh, the hardship that is caused to the petitioner extends to the family as well and therefore, seeks that the punishment of imprisonment be set aside, while he would not be averse being placed on terms in the alternative.