SIDRAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner has filed this petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') praying to set aside the judgment dtd. 8/12/2019 passed in Criminal Appeal No.35/2017 by the Second Additional Sessions Judge, Vijayapura (for short 'First Appellate Court') and also praying to set aside the judgment of conviction and order on sentence dtd. 12/5/2017 passed by the Second Additional Civil Judge and JMFC, Sindagi (for short 'Trial Court') in C.C.No.203/2014 for the offences punishable under Ss. 279, 337 and 304-A of the Indian Penal Code, 1860 (for short ' IPC ') to acquit the revision petitioner.

(2.) The parties will be referred to as per their rank before the Trial Court.

(3.) Brief facts of the case of the prosecution are as under: The complainant - Siddappa (PW.1) filed a complaint as per Ex.P1 before the Sindagi police on 7/12/2013, at 1.30 hours and alleged that on the same day, he was returning to his village along with his son Kedarling (deceased) in a tum-tum vehicle bearing registration No.KA-32/C-677 driven by the accused. When the vehicle crossed Devar-Hipparagi road and came towards Sindagi in a high speed. PW.1 told the accused that there was no urgency and asked him to go slow and even then, he drove the said vehicle in a high speed, rash or negligent manner, lost control over the vehicle thus, turtled the vehicle on NH-218, Vijayapura to Kalaburagi road on the left side in a drainage. Accordingly, the accused and Kedarling sustained injuries and was shifted to hospital, but, on the way to hospital, he succumbed to the injuries. Thus, PW.1 lodged a complaint as per Ex.P1 and on the basis of Ex.P1, SHO registered a case in Crime No.297/2013 for the offences punishable under Ss. 279, 337 and 304-A of IPC. Later, the Investigating Officer after completing the investigation, filed charge sheet against the accused for the aforesaid offences.