SHAIK SHOWKATHAULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was accused in C.C.No.91/2009, in the Court of the Civil Judge (Sr.Dn.) and Judicial Magistrate First Class, Kollegala, (hereinafter for brevity referred to as "the Trial Court"), who, by the judgment of conviction and order on sentence dated 20-01- 2010 of the Trial Court, was convicted for the offences punishable under Ss. 279 , 337 and 304A of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC ") and was sentenced accordingly.

(2.) The summary of the case of the prosecution in the Trial Court was that, on the date 16/6/2006, at about 1:30 p.m., when the complainant PW-1 (CW-1) - M. Kumar, S/o.Madanaika, was going on Dinnalli -Ramapura Road to Ramapura Village, along with his brother-in-law by name Sri. Kumar, S/o. Muniswamy, as a pillion rider, in a TVS Victor Motor Cycle bearing registration No.KA-10/H-4265, a Goods Autorickshaw bearing registration No.KA-09/A-4830 coming from the opposite direction, i.e. from Ramapura side to Dinnalli, dashed to the Motor Cycle of the complainant near the garden land of one Sri. Noor Saheb, in the turning, due to which road traffic accident, the pillion rider - Sri.M. Kumar S/o. Muniswamy sustained multiple injuries to his head, face and other parts of the body and succumbed to the injuries on the date 22/6/2006 and thereby, the accused has committed the offences punishable under Ss. 279 , 337 , and 304A of the IPC.

(3.) The accused appeared in the Trial Court and contested the matter through his counsel. The accused pleaded not guilty and claimed to be tried, as such, in order to prove the guilt against the accused, the prosecution got examined in all thirteen (13) witnesses from PW-1 to PW- 13, got marked documents from Exs.P-1 to P-10 and also produced a Goods Autorickshaw as a Material Object. However, neither any witness was examined nor any documents were got marked on behalf of the accused.