MAHADEVA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Sec. 397 of Cr.P.C., praying to call for the records from the Trial Courts, set aside the judgment and sentence dtd. 30/10/2010 in C.C.No.96/2008 on the file of Senior Civil Judge and JMFC., at Kollegal and also set aside the judgment and order dtd. 24/9/2011 in Criminal Appeal No.48/2010 passed by the Sessions Judge (Fast Track Court), Kollegal and grant such other order as deems fit in the facts and circumstances of the case.

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

(3.) The factual matrix of the case of the prosecution is that, on 31/5/2005 at 3:30 p.m, when Rachanayaka Dhanageri was riding his bicycle left side of the road over the pond of Anemathanakere at Dhanageri, this petitioner drove the mini bus in a rash and negligent manner and dashed against the cyclist. As a result, he fell down and succumbed to the injuries and was resulted in the death on the spot itself. Consequent upon the accident, the passengers, who were traveling in the minibus CWs.11 and 12 had sustained grievous injuries and CWs.13 to 26 had sustained simple injuries. Hence, a complaint has been registered, the police have investigated the matter and filed the charge-sheet for the offences punishable under Ss. 279, 337, 338 and 304A of IPC read with Sec. 187 of the IMV Act.