NAGARAJ K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner being aggrieved by the judgment of conviction and order of sentence dtd. 10/2/2009 in C.C. No.4426/2008 on the file of J.M.F.C (II Court), Mangalore and its confirmation order dtd. 26/8/2014 in Crl.A.No.103/2009 on the file of IV Additional District Judge and Sessions Judge, D.K., Mangalore, has preferred this revision petition seeking to set aside the concurrent findings recorded for conviction by the Courts below. Brief facts of the case:

(2.) On 26/9/2008 at about 4.45 p.m., when the deceased Sandeep was coming from the welding shop from Mangalore side to Udupi road after purchasing the spare parts and was riding on the left side of the road, however, the driver of the lorry bearing its No.KA-19-AE-333 drove the said lorry in a rash and negligent manner, so as to endanger the human life, caused accident to the scooter, which was driven by the deceased Sandeep. As a result, the deceased succumbed to the injuries. A case came to be lodged by the owner of the garage, where the deceased was working as a mechanic. The FIR in Crime No.150/2008 for the offences punishable under Ss. 279 and 338 of the Indian Penal Code, 1860 (for short ' IPC ') was registered in the initial stage, however, after the death of the deceased Sandeep, the provision under Sec. 304 of IPC was inserted. The police after investigation submitted the charge sheet.

(3.) To substantiate the case of the prosecution, the prosecution examined 8 witnesses namely PW.1 to PW.8 and got marked documents at Exs.P1 to P10. Whereas, no evidence has been led by the defence. The Trial Court after appreciating the oral and documentary evidence on record, convicted the accused for the offences punishable under Ss. 279 and 304-A of IPC. Being aggrieved by the same, the accused preferred the appeal against the impugned judgment, which was dismissed by the Appellate Court. Being aggrieved by the same, the petitioner has preferred this revision petition.