NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed to set aside the order dtd. 31/10/2013 passed by the Principal Sessions Judge, Udupi in Crl. A. No. 96/2012 and order dtd. 31/10/2012 passed by the Principal Civil Judge and JMFC, Karkala in C.C. No. 190/2010.

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

(3.) The factual matrix of the case of the prosecution is that on 26/2/2010, the petitioner was the driver in tempo belonging to one M.M. Jose. On that day, the petitioner was taking banana load from Kaimara to Kerala. Since, the regular cleaner Prasanna was not available, his relative Jayanth was cleaner the on the said tempo. On 27/2/2010, near Ajekar Junction, the petitioner stopped the tempo by the road side to take rest and went to sleep. At about 2.45 a.m., he got up and thinking that Jayanth might be sleeping beneath the cabin moved the tempo suddenly to go to Kerala. The wheels of the tempo passed over the cleaner Jayanth, who was sleeping beneath the tempo. The petitioner stopped the tempo and on coming to know of the incident, put the injured Jayanth along with bed sheet in his tempo and informed the tempo owner and he informed him to intimate the nearest police station and take the injured to the hospital. Hence, case has been registered and the police have investigated the matter and filed the charge-sheet for the offence under Ss. 279 and 304-A of IPC.