D.C. VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner has called in question the correctness of the judgment of conviction dtd. 23/7/2011 passed by the Senior Civil Judge and JMFC, Malavalli (henceforth referred to as 'Trial Court' for short) in C.C.No.34/2007 convicting him for the offences punishable under Ss. 279 , 304A of IPC and Sec. 3 read with Ss. 187 and 181 of Indian Motor Vehicles Act, 1988 (henceforth referred to as 'IMV Act' for short) and the consequent sentence. He has also challenged the judgment dtd. 12/12/2012 passed by the Addl. Sessions Judge, Mandya (henceforth referred to as 'Appellate Court' for short) in Crl.A.No.60/2011 by which, the judgment of the Trial Court was upheld.

(2.) The case of the prosecution was that on 10/3/2007 at about 12.30 p.m., CW.1, CW.13 and the mother of CW.1 were walking on the left side of the road from K.K. Halli towards Jayachamarajapura. At that time, a motorcyclist who was riding a motorcycle bearing registration No.KA-09/E- 8520/2006-07, in a rash and negligent manner, dashed against the mother of CW.1 Smt. Ningamma. As a result, she suffered injuries and was shifted to Government Hospital, Malavalli, where she died. Based on a complaint lodged on 10/3/2007 at 5.00 p.m., the jurisdictional police registered Crime No.17/2007 for the offences punishable under Ss. 279 , 304A of IPC read with Sec. 187 of IMV Act. An inquest was conducted on the deceased on 11/3/2007. A spot mahazar was drawn by CW.18 in the presence of CW.1, CW.2 and CW.3. A post-mortem was conducted, which indicated that the death was due to hemorrhagic shock as a result of the head injury. The offending vehicle was inspected by the Motor Vehicles Inspector, who reported that the accident was not due to any mechanical defects. The vehicle was seized in terms of the mahazar that was drawn by CW.19. After recording the statement under Sec. 161 of Cr.P.C., the prosecution filed a final report for the offences punishable under Ss. 279 , 304A of IPC read with Ss. 3 and 187 of IMV Act.

(3.) The Trial Court took cognizance of the offences punishable under Ss. 279 , 304A of IPC read with Ss. 3 and 187 of IMV Act and issued summons to the petitioner in C.C.No.34/2007. After the petitioner entered appearance, he was enlarged on bail. The plea of the petitioner was recorded, who pleaded not guilty and claimed to be tried. The prosecution examined PW.1 (CW.1), PW.2 (CW.2), PW.3 (CW.3), PW.4 (CW.19), PW.5 (CW.13) and PW.6 (CW.18) and marked Exs.P1 to P8. The statement of the petitioner/accused was recorded under Sec. 313 of Cr.P.C., who denied the incriminating evidence against him.