DHARMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.PC is filed by the accused challenging the judgment and order of conviction and sentence dtd. 16/11/2010 passed by the Addl. Civil Judge and JMFC, Bantwal, D.K., and the judgment and order dtd. 1/3/2014 passed by the II Addl. District & Sessions Judge, D.K., Mangaluru, in Crl.A.No.180/2010.

(2.) Heard the learned Counsel appearing for the petitioner and the learned HCGP appearing for the respondent.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this revision petition are, on 28/4/2004 at about 1.30 p.m., the petitioner who was the driver of the lorry bearing registration No.KA- 19-1736 proceeding from B.C.Road to Parangipete on National Highway No.48, drove the lorry in a rash and negligent manner and dashed the same against the jeep bearing registration No.MEQ 2962 from its hind portion and as a result, Smt. Hajiramma who was the inmate of the said jeep fell on the road and the offending lorry driven by the petitioner ran over her body and Smt. Hajiramma succumbed to the injuries suffered by her on the spot. On the basis of the complaint lodged by PW-2 - driver of the jeep bearing registration No.MEQ 2962, the police had registered a case against the petitioner for the offences punishable under Ss. 279 , 338 & 304-A IPC and after completion of the investigation, had filed a charge sheet against him for the said offences.