SANTHOSH K.J. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was accused in C.C.No.3489/2009, in the Court of the learned Principal Civil Judge & J.M.F.C at Bhadravathi, (henceforth for brevity referred to as the "trial Court"). By its judgment dtd. 8/12/2011, the trial Court convicted the accused for the offence punishable under Ss. 279, 304(A) of the Indian Penal Code, 1860 (henceforth for brevity referred to as the " IPC ") and was sentenced accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.6/2012, before the learned Presiding Officer, Fast Track Court, Bhadravathi, (henceforth for brevity referred to as the 'Sessions Judge's Court'), which after hearing both side, dismissed the appeal filed by the accused by its judgment dtd. 31/8/2012. Being aggrieved by the same, the accused has preferred the present revision petition.

(2.) The summary of the case of the prosecution in the trial Court was that, on the date 3/8/2009, at about 7.20 p.m., on a bypass road of NH 206, within the limits of complaint police station, the accused drove his Maruthi Omni Van bearing registration No.KA-18-A-1010 in a rash and negligent manner and dashed to deceased Yesaiah who was riding his TVS Champ Moped bearing registration No.KA-14-K-5706, due to which accident, said Yesaiah sustained injuries and succumbed to it on the spot and thereby the accused has committed offence punishable under Ss. 279 and 304 of IPC.

(3.) The accused appeared in the trial Court, pleaded not guilty. As such, in order to prove the guilt against the accused, the prosecution got examined in all eight witnesses from PWs.1 to PW-8 and got marked documents from Exs.P-1 to P-15. On behalf of the accused, no witness was examined, however, he got produced and marked two documents from Exs.D-1 and D-2.