S.M. MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner was convicted for the offences punishable under Ss.279 and 304-A IPC and Ss.181, 187 and 196 of IMV Act 1988. He was sentenced to pay a fine of Rs.800/- for the offence under S.279 IPC and one year Simple Imprisonment and fine of Rs.2,000/- for the offence under S.304-A IPC and Rs.500/- for the offence under S.181, Rs.500/- for the offence under S.187 and Rs.500/- for the offence under S.196 of IMV Act 1988. Default stipulations were provided in respect of the fines imposed. Criminal Appeal filed was dismissed by the learned Session Judge. Challenging the Judgment of conviction and order of sentence, noticed supra, the accused has filed this Criminal Revision Petition.

(2.) THE factual matrix in nutshell is as follows: That on 2.1.2006, the accused-petitioner being the driver of Auto rickshaw KA-09-5785 while was proceeding from Sargur bus stand to Urdu School, drove the same in rash and negligent manner and at I Main Road, Chikkadevamma circle junction, dashed against a cyclist one Kumar, due to which he fell down and the vehicle toppled and 3 passengers in the autorickshaw/PWs.3 to 5 sustained injuries and that said Kumar succumbed to the injuries at B.G.S Apollo Hospital, Mysore on 13.1.2006. At the time of accident, petitioner did not possess valid driving licence and the vehicle had no insurance. THErefore, the accused was charge sheeted for the aforesaid offences.

(3.) EX.P1 is the inquest report. EX.P2 is the postmortem report of deceased Kumara. EX.P3 is the report of Motor Vehicle Inspector. EX.P1 to P3 were marked by consent. EX.P3 shows that the accident did not occur on account of any mechanical defect.