BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Sec. 397 R/w. 401 of Cr.P.C . seeking to set aside the judgment dtd. 27/8/2014 passed in Crl.A.No.42/2013 passed by the Prl. District and Sessions Judge, Dharwad, confirming the judgment and order of conviction passed in CC.No.359/2011 dtd. 15/02/2013 passed by the Prl. Senior. Civil Judge & CJM, Dharwad.

(2.) Brief facts of the prosecution case is that on 6/11/2011 at about 7.30 p.m. in PB road, opposite to Bharuka Textiles, the accused being the driver of the KSRTC bus bearing Reg.No.KA-27-F-436, drove the same with high speed, rash and negligent manner endangering to human life from Dharwad towards Hubballi and dashed tractor bearing Registration No.KA-25-4393-4394, which was stationed on the side of the road and caused damage to it and thereby, he has committed the offence punishable under Sec. 279 of IPC.

(3.) After filing of the charge sheet, the learned Magistrate has taken cognizance against the accused for the offence punishable under Sec. 279 of IPC and a case was registered in CC.No.359/2011. Charge is framed by the learned Magistrate and the same is read over to the accused. The accused pleaded guilty and claims to be tried. To prove the case of prosecution, 6 witnesses are examined as PWs.1 to 6. 6 documents got marked as Exs.P.1 to 6. On closure of the prosecution side evidence, accused is question under Sec. 313 of Cr.P.C., as to the evidence appearing against him. Accused has denied the evidence appearing against him, but he has not chosen to lead any defence evidence on his behalf.