DHARMOJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was tried as accused by the Court of learned III Addl.Civil Judge & J.M.F.C., Shivamogga, (hereinafter for brevity referred to as the 'trial Court') in C.C.No.2322/2015, for the offences punishable under Ss. 279, 304-A of Indian Penal Code, 1860 (hereinafter for brevity referred to as the 'IPC') and was convicted by its judgment of conviction and order on sentence dtd. 11/3/2019 and was sentenced accordingly.

(2.) The summary of the case of the prosecution in the trial Court was that on 13/2/2015, at 5.30 p.m., when deceased Chandrashekar was proceeding towards a village called Harige from Shivamogga in Hero Honda Splendor motorcycle bearing registration No.KA-14-ED-0495 along with his friend by name Kumar as a pillion rider, the motor vehicle Lorry being driven by the accused and bearing registration No.KA-28-A-3279 coming from the back side of the motorcycle in a rash and negligent manner endangering the human life, dashed against the motor bike on its hind portion and ran over the bike, as a result of which, the pillion rider Kumar sustained fatal injuries and succumbed to the injuries on the spot and the rider Chandrashekar also sustained injuries and while he was being shifted to hospital, he succumbed to the injuries on the way and thus, the accused has committed the offences punishable under Ss. 279 and 304-A of IPC.

(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 eight witnesses from PW-1 to PW-8 and got marked documents from Exs.P-1 to P-17. However, neither any witness was examined nor any documents were got marked on behalf of the accused.