A.N. GONABASAPPA 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 Court of Additional Civil Judge & JMFC, Anekal (for short the 'Trial Court) in C.C.No.1220/2009 dtd. 30/11/2012 and the judgment and order passed by the Court of Additional District and Sessions Judge, Bengaluru (for short the 'Appellate Court') in Crl.A.No.86/2012 dtd. 19/7/2014.

(2.) The petitioner was charged for the offences punishable under sec. 279 , 337 and 304(A) of IPC before the Trial Court. It is the case of the prosecution that on 17/11/2009 at about 10.00 a.m., at Bannerughatta - Jigani road, near Mantapa Cross, the petitioner who was driving the bus bearing registration number KA-01/FA-150 belonging to BMTC drove the same in a rash and negligent manner and while attempting to overtake a lorry had dashed against the rider of the scooter bearing registration no.KA-05-X-8131 and had caused the accident. As a result, the rider of the scooter namely Krishnamurthy who had suffered grievous injury in the accident had succumbed to the same on the way to hospital. On the basis of complaint lodged by pillion rider of the scooter, a case was registered against the petitioner in Crime no.355/2009 by the jurisdiction police and after investigation, the charge sheet was filed against the petitioner.

(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 9 documents as Exs.P1 to P9. 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. 30/11/2012 convicted the petitioner for the charged offences and sentenced him to undergo Simple Imprisonment for 3 months and to pay fine of Rs.500.00 in default to undergo Simple Imprisonment for 1 month for the offences punishable under Sec. 279 of IPC and for the offence punishable under Sec. 337 of IPC, the petitioner was sentenced to undergo simple imprisonment for a period of 3 months and to pay fine of Rs.200.00 and in default, to undergo simple imprisonment for 1 month. For the offence under Sec. 304(A) of IPC, the petitioner was sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs.5,000.00 and in default to undergo simple imprisonment for 1 month. Being aggrieved by the said judgment and order of conviction, the petitioner had filed Crl.A.No.86/2012. The Appellate Court by its judgment and order dtd. 19/7/2014 had dismissed the appeal filed by the petitioner. Under the circumstance, the petitioner is before this Court in this revision petition.