VEERABHADRA Vs. STATE BY TOWN POLICE

JUDGEMENT

(1.) THIS Criminal Revision Petition has been preferred questioning dismissal of Criminal Appeal against the Judgment and Order of learned JMFC, convicting the petitioner for offences under S.279 and 304-A IPC and sentencing him to Rigorous Imprisonment and pay fine with default clause.

(2.) THE occurrence giving raise to the criminal proceedings against the petitioner took place on 13.4.2005, at about 1.00 p.m. According to the prosecution, the petitioner was driving Tractor-trailer KA-18-T-1261 and 1262, near N.S. Medical Shop, on B.M. Road, Sakleshpur Town and dashed from behind to one Subbegowda, who was walking by the left side of the road and due to the impact, Subbegowda fell down on the ground and was run over and that he succumbed to the injuries.

(3.) PW-1/Palakasha is the complainant. Ex.P1 is the complaint. He is an eyewitness. PW-2/C.T. Erappa is also an eyewitness. PW-3/Shivappa is a witness to the spot mahazar Ex.P2. PW-4/Syed Riyaz Ahamad is the owner of Tractor-trailer and has not fully supported the prosecution. PW-5/Mahesha delivered FIR/Ex.P6 to the Court. PW-6/S.T. Sathisha is the Inspector of Motor Vehicles and his report is Ex.P8. PW-7/B.T. Rajashekara is witness to Ex.P2/spot mahazar. PW-8/H.M. Shylendra conducted part of the investigation. PW-9/Gavi Rangaswamy is the Investigation Officer. Accident occurred around about 1.05 p.m., and complaint was lodged at about 1.30 p.m. Ex.P3 is the inquest report and Ex.P4 is the postmortem report of deceased Subbegowda.