HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was tried as accused by the Court of learned Junior Judge and Judicial Magistrate First Class, Arasikere, (hereinafter for brevity referred to as the Rs. trial Court') in C.C.No.448/2009, for the offences punishable under Ss. 279, 337, 338, 304-A of Indian Penal Code, 1860 (hereinafter for brevity referred to as the Rs. IPC ') and Sec. 187 of Motor Vehicles Act, 1988, (hereinafter for brevity referred to as Rs. M.V.Act') and was convicted by the judgment of conviction and order on sentence dtd. 18/7/2011 and was sentenced accordingly.

(2.) The summary of the case of the prosecution in the trial Court was that on 7/1/2009, at about 3.45 p.m., when CW-1/PW-1 Samiulla and the deceased Syed Akram were going on TVS motorcycle bearing registration No.KA-13-U-4448, on Banavara-Javagal road, near Kachighatta Gate within the limits of respondent-Police Station, a mobile goods vehicle bearing registration No.KA-13-A-4181, being driven by the accused in a rash and negligent manner, coming from Javagal side towards Banavara, dashed to the motorcycle on which CW-1/PW-1 and Syed Akram were going on. Due the said accident, Syed Akram sustained multiple injuries on different parts of his body and while being shifted to higher medical centre for treatment, he succumbed to the injuries. CW-1 - Samiualla also sustained multiple injuries to the different parts of his body. The accused who caused the accident, did not attend for the medical treatment of the injured nor informed the nearest Police Station about the accident, rather, he ran away from the spot and thereby has committed the offences punishable under Ss. 279, 337, 338, 304-A of IPC and Sec. 187 of M.V.Act.

(3.) The accused appeared in the trial Court and contested the matter through his counsel. The accused pleaded not guilty. As such, in order to prove the guilt against the accused, the prosecution got examined in all ten witnesses from PW-1 to PW-10 and got marked documents from Exs.P-1 to P-10. However, neither any witness was examined nor any documents were got marked on behalf of the accused.