NABSAB VARIKAR 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 Metropolitan Magistrate, Traffic Court-II, Bengaluru (for short the 'Trial Court) in C.C.No.33/2010 dtd. 16/6/2011 and the judgment and order passed by the Court of FTC XV, Bangalore (for short the 'Appellate Court') in Crl.A.No.491/2011 dtd. 26/4/2014.

(2.) The petitioner was charged for the offences punishable under Sec. 279 and 304(A) of IPC before the Trial Court. It is the case of the prosecution that on 7/11/2009 at about 11.20 a.m., the petitioner who was driving the offending bus bearing registration no.KA-01-FA-2316 in a rash and negligent manner from south towards north direction over Siddaiah Puranik Road, Basaveshwaranagar had dashed the bus against the scooter bearing registration no.KA-02-EU-2605 and caused accident. In the said accident, the rider of the scooter namely C.N.Shanthakumar who had suffered grievous injuries had succumbed to the same on 10/11/2009. The police on the basis of complaint of eye witness PW1 had registered a case against the petitioner for the offences punishable under Ss. 279 and 337 of IPC and subsequent to death of injured, Sec. 304(A) of IPC was invoked against the petitioner. The police after investigation had filed charge sheet against the petitioner for the offences punishable under Ss. 279 and 304(A) of IPC.

(3.) The petitioner claimed to be tried before the Trial Court and therefore, the prosecution in order to prove its case had examined 7 witnesses as PW.1 to 7 and got marked 13 documents as Exs.P1 to P13. The petitioner during the course of his Sec. 313 of Cr.P.C., statement had denied the incriminating evidence which was available on record against him. However, he did not choose to lead any defence evidence nor did he produce any document in support of his defence. The Trial Court thereafter heard the arguments addressed on both sides and by its judgment and order dtd. 16/6/2011 convicted the petitioner for the offences punishable under Sec. of 279 & 304(A) of I.P.C and sentenced him to undergo Simple Imprisonment for 3 months and to pay fine of Rs.1,000.00 in default to undergo Simple Imprisonment for 1 month for the offence punishable under Sec. 279 of IPC and the petitioner was sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs.3,000.00 and in default, to undergo simple imprisonment for 3 months for the offences punishable under Sec. 304(A) of IPC. The petitioner being aggrieved by the said judgment and order of conviction had filed Crl.A.No.491/2011. The Appellate Court by its judgment and order dtd. 26/4/2014 had dismissed the appeal filed by the petitioner. Under the circumstance, the petitioner is before this Court in this revision petition.