A.THARANATHA 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 J.M.F.C, (III Court), Mangalore, D.K, (for short the 'Trial Court) in C.C.No.5131/2010 dtd. 27/6/2014 which was confirmed by the VI Additional District & Sessions Judge, Dakshina Kannada, Mangalore (for short the 'Appellate Court') in Crl.A.No.156/2014 dtd. 20/10/2018.

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

(3.) Brief facts of the case leading to filing of this petition as revealed from the records that may be necessary for disposal of this petition are, on 31/3/2010 at about 12.30 p.m, at Kodakkal Kannuru Village, Mangalore Taluk, the petitioner who was driver of the Lorry bearing registration no.CNG-9856 drove the same in National Highway toward B C Road on wrong side of the road in a rash and negligent manner and dashed against the Ambassador Car bearing registration no.KA-21- 3033 which was coming from BC Road side to Mangalore on the left side of the road. In the said accident, CWs.1, 2 and 5 sustained grievous injuries while CWs.3 & 4 sustained simple injury. One Smt. Jameela who had also sustained grievous injuries in the said accident subsequently succumbed to the same on her way to hospital. CW1, who had sustained grievous injuries also succumbed to the same on 20/4/2010 when he was undergoing treatment for the said injuries in the Highland Hospital, Mangalore. The statement of CW1 was recorded in the hospital by CW26 and based on the same, a case was registered against the petitioner in Crime no.89/2010 by the jurisdictional police for the offences punishable under Ss. 279 , 337 , 338 and 304(A) of IPC. After investigation, a charge sheet was filed against the petitioner for the aforesaid offences.