KAMALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 397 read with Sec. 401 of Cr.P.C., praying to call for records and set aside the judgment and order of sentence dtd. 2/1/2012 passed by the Judicial Magistrate First Class, Mandya in C.C.No.54/2008 and the judgment dtd. 25/10/2012 passed by the Presiding Officer, Fast Track Court-I, Mandya in Criminal Appeal No.1/2012 and acquit the petitioner for the offences punishable under Ss. 279, 338 and 304A of IPC.

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

(3.) The factual matrix of the case of the prosecution is that this petitioner on 12/8/2007 at about 3:15 p.m., being the driver of a Car bearing registration No.KA-05 ME 3392 drove the same in a rash and negligent manner so as to endanger human life, near Hosabudanur Village Bus Stand on Bengaluru-Mysuru road. At that time, the deceased as well as the other injured persons were on their Bajaj Discover motorcycle on the left side of the road talking to each other. The accused being a driver of the aforesaid Car drove the same in a rash and negligent manner, dashed against them, as a result, one died on the spot and another died on the way to the hospital and others have sustained the grievous injuries. The police have investigated the matter and filed the charge-sheet.