ASHOK N. PAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dtd. 8/12/2011 passed in S.C. No. 157/2011 by the III Additional Sessions Judge, Mysuru, convicting the appellant - accused for offence punishable under Sec. 304-A and 279 of IPC and Sec. 185 of Motor Vehicles Act, 1988 (for the sake of brevity hereinafter referred to as the M.V. Act, 1988). The appellant - accused has been sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.50,000.00 for offence under Sec. 304-A IPC, in default to undergo simple imprisonment for three months for offence under Sec. 304-A of IPC; to pay of Rs.500.00 for offence under Sec. 279 of IPC and in default to undergo simple imprisonment for a period of two months and further sentenced to pay fine of Rs.1,000.00 for offence under Sec. 185 of MV Act, 1988 and in default to undergo simple imprisonment for a further period of three months.

(2.) Factual matrix of the case is that on 1/2/2010 at about 09.00 pm, M. Lokesh husband of P.W.2 (C.W.2) - Smt. Mahalakshmi was walking on the left side of the road near Honge Tree on Vishwamanava Double Road and at that time the appellant - accused being the driver of Tata Indica Car bearing No. KA09-N-9743 drove the said vehicle after consuming alcohol in a rash and negligent manner knowing fully well about the consequences and dashed the vehicle against said M. Lokesh. Due to that M. Lokesh sustained grievous injuries and immediately he was shifted to Kamakshi Hospital, Mysuru and from there he was taken to BGS Apollo Hospital and later he was admitted to B.M. Hospital, Mysuru and he died on 23/6/2010 due to the injuries sustained in the said incident. Immediately after the accident, the appellant - accused was taken to Kuvempunagar Traffic Police Station and he was subjected to Alcometer Test and found that he had consumed alcohol. Afterwards the accused was sent to K.R. Hospital Mysuru and blood and urine samples of the appellant - accused was taken by the Medical Officer and later the blood and urine samples of the appellant - accused were sent o FSL and it revealed that the appellant - accused had consumed alcohol in excess of the permissible limit. After coming to know about the incident, P.W.15 ( C.W.24) went to Kamakshi Hospital where the deceased M. Lokesh was taken and P.W.2 gave a written complaint about the incident. On the basis of the complaint, case came to be registered against the appellant - accused. After investigation charge sheet came to be filed for offence under Sec. 279 and 304-II of IPC and Sec. 185 of M.V. Act, 1988. Thereafter, the case was committed to the Sessions Court. The prosecution examined 16 witnesses as P.W.1 to P.W.16 and got marked Ex.P.1 to Ex.P.20. The statement of the appellant - accused came to be recorded under Sec. 313 of Cr.P.C. After hearing arguments on both the sides, the trial Court framed points for consideration and convicted the appellant - accused for the offence under Sec. 304- A and 279 of IPC and Sec. 185 of M.V. Act, 1988. Said judgment of conviction and order of sentence has been challenged by the appellant - accused in this appeal.

(3.) Heard arguments of learned counsel for appellant - accused and learned HCGP for respondent - State.