ARUN MANGU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed under Sec. 397 read with Sec. 401 of Cr.P.C. seeking to set aside the judgment and order of conviction dtd. 4/2/2011 passed by the Principal JMFC, Honnavar in C.C. No.413/2010 which is confirmed by the judgment and order dtd. 30/10/2012 passed by the District and Sessions Judge, Uttara Kannada, Karwar in Criminal Appeal No.37/2011 and acquitted the petitioner for the charges punishable under Ss. 279, 337, 338 and 304A of IPC.

(2.) The ranks of the parties are referred to as per their status before the trial Court.

(3.) The case of the prosecution in brief is that on 30/4/2010 at about 10 A.M. at Manki Ellimakki in Honnavar Taluk on NH-17, accused being the driver of Tempo trax bearing registration No.KA-20/T-3557 drove the same in a rash and negligent manner, so as to endanger the human life, took left side and went to a hill, as a result the vehicle was capsized. After filing the charge sheet, the trial Court has taken cognizance for the alleged commission of offence. The case was registered in C.C. No.413/2010. In response to the summons, accused appeared before the trial Court and plea was recorded, accused pleaded not guilty and claimed to be tried.