DEVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') has been filed by the petitioner challenging the judgment and order of conviction and sentence passed by the Addl. Civil Judge and JMFC, Madhugiri (for short the 'Trial Court) in C.C.No.69/2011 dtd. 22/6/2013 which was confirmed by the IV Additional District & Sessions Judge, Madhugiri (for short the 'Appellate Court') in Crl.A.No.5001/2013 dtd. 2/8/2014.

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

(3.) Facts leading to filing of this revision petition as revealed from the records are that on 6/12/2010 at about 12.00 p.m, the deceased Chithaiah and his grandson Sathish, who was aged about 7 years were walking towards their agricultural land on the left side of the Madhugiri-Tumakuru Road. At that time, the Maruthi Suzuki Wagon R Car bearing registration No.KA-02-MB-8197 driven by its driver in rash and negligent manner came from opposite side and dashed against the deceased Chithaiah and his grandson Sathish causing grievous injuries to them. Chithaiah succumbed to the injuries and his grandson Sathish who had suffered grievous injures was treated in the hospital. On the basis of the complaint lodged by PW.3 who was an eye witness to the accident in question, a case was registered by the jurisdictional police against the petitioner in Crime No.157/2010 for the offences punishable under Ss. 279 , 338 and 304-A of IPC. Subsequently, the investigation was completed and charge sheet was filed against the petitioner by the Police for the said offences.