ABDUL SATTAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner faced trial for the offences under Ss. 279, 337 and 304A of the Indian Penal Code. Petitioner was convicted by the learned Judicial Magistrate, Alur in C.C. No. 202/2006. Aggrieved, he filed Crl. A. No. 21/2008 in the Sessions Court at Hassan. By a judgment dated 11.03.2010, the appeal was dismissed. Petitioner was imposed with sentences which were directed to run concurrently. The maximum sentence imposed was rigorous imprisonment for 6 months. Background facts of the case, in brief, are as follows:

(2.) Prosecution in order to establish its case against the accused, examined PWs. 1 to 12, through whom Exs. P1 to P22 were marked. PWs. 1 to 3 and 5 are the eye witnesses. PWs. 1 to 3 supported the prosecution case. PW. 5 turned partially hostile. PW. 4 is the complainant. PWs. 6, 7 and 10 are the mahazar witnesses. PWs. 7 and 10 did not support the prosecution case and were treated as hostile witnesses. PW. 8 owner of the tarry did not support the prosecution case. PW. 11 initiated the investigation. PW. 12 is the Motor Vehicle Inspector who submitted the report Ex. P11. PW. 9 is the Investigation Officer who filed the charge sheet. Ex. P1 - inquest report and Ex. P7 - P.M. report of Ananda, Exs. P8 to P10 are the wound certificates of the inmates of the lorry and Exs. P12 to P20 are the photographs of the overturned lorry. Ex. P4 is the spot mahazar and Ex. P22 is the sketch of the scene of occurrence prepared by the Investigation Officer. Learned Magistrate came to the conclusion that there is rash and negligent driving and as a result, convicted petitioner for the offences under Ss. 279, 337 and 304A IPC. In appeal, learned Appellate Judge recorded that, rash and negligent driving is clearly established and death of Ananda and injuries to the other inmates of the lorry has been established beyond all reasonable doubts and consequently, the conviction of the petitioner was confirmed and appeal was dismissed.

(3.) Sri Venkatesh R. Bhagat, learned counsel, contended as follows: