RAJESH PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The parties are referred to as per their rankings before the trial Court for the purpose of clarity and convenience. This criminal revision petition is filed challenging the judgment dated 3.3.2010 passed by the Additional Sessions Judge, Raichur in Criminal Appeal No. 29/2009 dismissing the appeal filed by the accused challenging his conviction for the offence under Sections 279 and 304(A) of IPC while allowing the said appeal insofar as the offence under Section 134 r/w Section 187 of Motor Vehicles Act is concerned. The Chief Judicial Magistrate, Raichur by the Judgment dated 26.5.2009 passed in CC No. 60/2008 was pleased to convict the accused for the offence under Sections 279 and 304-A of IPC and for the offence under Section 134 r/w Section 187 of Indian Motor Vehicles Act and sentenced him to undergo simple imprisonment for one month and to pay fine of Rs. 1,000/- for the offence under Section 279 of IPC and further sentenced accused to undergo simple imprisonment for three months and to pay fine of Rs. 1,000/- for the offence under Section 304-A of IPC and also to pay fine of Rs. 200/- for the offence under Section 134 r/w Section 187 of the Indian Motor Vehicles Act with default sentences.

(2.) It is the case of the prosecution that, the accused being driver of the motor vehicle which is Tata ACE bearing Registration No. KA36-5053 drove the same in a rash and negligent manner on 20.12.2007, at about 10.30 a.m., on the road in front of Jilla Nirmith Kendra Office and dashed against one Siddannagouda and caused his death, therefore, he is alleged to have committed the offences under Sections 279 and 304-A of IPC and under Section 134 r/w Section 187 of Indian Motor Vehicles Act.

(3.) The prosecution in order to prove the case has examined in all 11 witnesses and got marked Ex. P1 to 11. The defence of the accused was one of total denial. However, by the impugned Judgment, the learned Magistrate has convicted the accused and sentenced him as aforestated. Accused thereafter filed an appeal challenging the judgment of conviction and sentence before the learned Sessions Judge, Raichur and the learned Additional Sessions Judge partly allowed the appeal and acquitted the accused of the offences under the Motor Vehicles Act and confirmed the order of conviction for the offences under Sections 279 and 304(A) of IPC. It is these orders which are under challenge in this revision petition.