ALEEM PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who has been convicted and sentenced under Ss.279 and 304-A IPC has filed this Criminal Revision Petition. The JMFC at Chamarajnagar convicted the petitioner. On appeal, learned Session Judge at Chamarajnagar maintained the conviction, but, modified the sentence to a certain extent. This petition is directed against the said Judgments and Orders.

(2.) Sri S. G. Kashimath, learned advocate, contended that the accident took place on 19.2.2001, at about 4.30 p.m., while the petitioner was driving his auto from Bisalavadi to Chatra and that the injured Chennigaiah was immediately taken to Chamarajanagar for treatment at the Government Hospital. He submitted that, case was registered and FIR was lodged for the offences under Ss.279 and 337 IPC. He submitted that the injured Chennigaiah has died long thereafter i.e., on 28.3.2001 and the doctor having sent the report, case was registered and FIR was sent for the offence under S.304-A IPC. He submitted that the injured having died after about one and half months of the incident, there is no nexus between the crime and the cause of death. According to the learned counsel, the injured did not die due to the injury sustained in the accident and that the death was on account of lack of proper treatment or other factors and thus, the prosecution of the petitioner for the offence under S.304-A IPC and his conviction thereunder is illegal. Learned counsel, submitted that the Courts below have not correctly appreciated the record of the case and hence, interference in the matter is warranted. Alternatively, it was contended that the sentence imposed is harsh and excessive.

(3.) Sri Vijayakumar Majage, learned HCGP, on the other hand, made submissions in support of the view taken by the Courts below and sought dismissal of the Criminal Revision Petition.