ANAND G. MULU RATHOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision was filed against the judgment of conviction and order of sentence passed by the learned Principal Senior Civil Judge and C.J.M., Dharwad in C.C.No.290/2007 dtd. 4/6/2011 and confirmed by the learned Principal District and Sessions Judge, Dharwad in Crl.A.No.55/2011 vide judgment dtd. 9/11/2012 whereby the accused-revision petitioner was convicted for the offences punishable under Ss. 279 and 304(A) of IPC.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that the accused is the driver of the K.S.R.T.C. bus No.KA25/F 2070 and on 30/4/2007 he drove the bus in a rash and negligent manner on Corporation Road, near Kalabhavan at 01:10 p.m. and while taking turn in high speed, the passenger Vidyavati Patil, who was in the bus thrown out from the front door of the bus and she fell down and sustained injuries. She was immediately shifted to the hospital, but she succumbed because of the injuries subsequently. In this regard a complaint came to be lodged and crime was registered. The investigating officer visited the spot drawn the scene of offence, mahazar and also recorded the statement of the witnesses and then he submitted the charge sheet against accused for the offence punishable under Sec. 279 of IPC Sec. and Sec. 304A of IPC. The learned Magistrate has taken cognizance of the said offences and summons have been issued to the accused. The accused has appeared and was enlarged on bail. He was also provided prosecution papers. The accusation was read over and explained to him and he pleaded not guilty. To prove the guilt of the accused, prosecution has examined in all 6 witnesses and also placed reliance on 7 documents.