DEVENDRAPPA H Vs. STATE

JUDGEMENT

(1.) Heard Sri A.Keshava Bhat, learned counsel for the petitioner and the Government Pleader.

(2.) The petitioner was tried in the Court of JMFC, Belthangady, for the offences punishable under Sec. 279 and 337 of IPC, held guilty and sentenced to two months simple imprisonment and fine of Rs.1,000.00 with default sentence period of 15 days imprisonment in relation to offence under sec. 279 IPC, and two months simple imprisonment with fine of Rs.500.00 and a default sentence period of 15 days for the offence under sec. 337 IPC. The appeal preferred before IV Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, was also dismissed, and hence this revision petition.

(3.) The prosecution case is that on 14/8/2014 at 4.45 PM when the petitioner was driving KSRTC bus bearing registration No.KA-19F-3219, he caused an accident by dashing against a private bus with registration bearing No. KA-19AC-7377. This accident occurred in the second curve at Charmadi Ghat. The occurrence of the accident is attributed to rash and negligent manner of driving by the petitioner. The trial court has believed the testimonies of the eye witnesses examined as PWs 1, 2, 3, 4 and 7 for holding the petitioner guilty of the offences. PWs1 and 2 were the passengers in the KSRTC bus, PW3 was the cleaner of the private bus, and PW4 was the driver of the private bus. The appellate court confirmed the judgment of the trial court by re-appreciating the evidence.