C. NAGARAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is filed to set aside the order dtd. 15/10/2011 passed by the Civil Judge and JMFC, Holenarasipura in C.C. No. 786/2008 and the order dtd. 3/11/2012 passed by the Additional Sessions and FTC-II, Hassan in Criminal Appeal No. 126/2011 and consequently acquit the petitioner.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State.

(3.) The factual matrix of the case of the prosecution is that on 25/8/2008 at 10.15 a.m. near K.P.T.C.L. Power Substation in Marashetty Hally-Agrahara gate road, the petitioner-accused being a driver of auto rickshaw bearing No. KA-18-8550 drove the auto rickshaw in a rash and negligent manner from Marashetty Hally towards Agrahara gate and dashed against one M.M. Thanuja, who was walking on the side of the road to the school. As a result, she succumbed to the injuries at the spot. Based on the complaint of C.W. 1, the police have registered the case, investigated the matter and filed the charge-sheet for the offences punishable under Ss. 279 and 304A of IPC and accused was secured before the Trial Court and he did not plead guilty.