HUSEIN SHAWALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 14/3/2013 in C.C.No.1796/2012 on the file of the Court of II Additional Civil Judge and J.M.F.C.-III at Tumkur and its confirmation judgment and order dtd. 27/10/2015 in Crl.A.No.60/2013 on the file of the Court of VI Additional District and Sessions Judge at Tumkur, has filed this revision petition seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offences punishable under Ss. 279 , 337 and 304-A of Indian Penal Code (for short ' IPC ') and Sec. 134(a) and (b) read with Sec. 187 of Motor Vehicles Act, 1988 (for short "Act").

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court. Brief facts of the case are as under:

(3.) It is the case of the prosecution that, on 6/4/2011 at about 1.30 p.m., it is stated that, the accused was driving the bus bearing registration No.KA-42-5346 and while overtaking some vehicle on the extreme right side of the road in high speed and rash and negligent manner, dashed against the auto-rickshaw bearing registration No.KA.06.B.5803 which was coming from the opposite direction, as a result of which, the auto-rickshaw got damaged and one of the inmates of the auto-rickshaw namely Raju sustained grievous injuries and died at the hospital and other two inmates have sustained simple injuries. Based on the complaint lodged by the complainant, a case has been registered against the accused, and on investigation, a charge sheet was laid by the jurisdictional police for the offences stated supra.