G. NAGARAJU Vs. STATE

JUDGEMENT

(1.) This criminal revision petition is filed challenging the judgment and order of conviction and sentence passed by the Court of Principal Senior Civil Judge and JMFC, Srirangapatna in C.C.No.117/2009 dtd. 26/8/2014 and the judgment and order dtd. 20/2/2015 passed by the Court of III Additional District and Sessions Judge, Mandya (sitting at Srirangapatna) in Crl.A.No.5015/2014.

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

(3.) Brief facts of the case as revealed from the records which would be necessary for the purpose of disposal of this criminal revision petition are, on 26/5/2008 at about 3.30 p.m., in front of the house of Sannathammegowda on the road towards Balamuri, in Belagola Village, the deceased N. Raghu son of M. Narayana was walking on the left side of the Belagola - Balamuri Road. The Innova car bearing Registration No. KA.04.MD.3681 which was driven in a rash and negligent manner by the petitioner came from the hind side and dashed against the deceased N. Raghu who fell down on the road and sustained grievous injuries on his head. Immediately he was shifted to the hospital but on the way he died. The petitioner had no driving licence to drive any vehicle. On the basis of the complaint lodged by PW.1 - M. Kumara, FIR was registered against the petitioner for offence punishable under Ss. 279 and 304A of IPC and Sec. 3 of Motor Vehicles Act. Police after investigation had filed a charge-sheet against the petitioner for the aforesaid offences and the petitioner claimed to be tried.