HULAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Revision Petitioner-accused has filed this revision petition under Sec. 397 read with Sec. 401 of Code of Criminal Procedure (for short the ' Cr.P.C ') being aggrieved by the concurrent findings with regard to his conviction and sentence passed in C.C.No.126/2006 dtd. 3/2/2015 by the learned Civil Judge and Judicial Magistrate First Class, Lingasugur and affirmed in Criminal Appeal No.8/2015 by the Principal Sessions Judge, Raichur vide judgment dtd. 3/4/2018.

(2.) Parties to this revision are referred to as per their rank before the trial Court for the purpose of convenience.

(3.) The brief and relevant facts up to this revision petition are as under: That, accused has been charge-sheeted by CPI, Maski Circle, for the offences punishable under Ss. 279 , 337 , 338 and 304(A) of Indian Penal Code (for short ' IPC ') and Ss. 177 and 187 of Motor Vehicles Act (for short M.V.Act). That one Budda Sab S/o Nabi Sab Kadival resident of the address so stated in the complaint submitted a complaint on 19/11/2005 at 8.30 a.m., by giving his statement before the police stating that he is a coolie by profession. For the last two weeks prior to filing of a complaint, himself and residents of his village by name Rasoolbi W/o Mohammad Sab, Noorjan D/o Rasool Sab, Ashabegum W/o Babusab, Ramjanbe W/o Hassan Sab and Martuj S/o Rahimansab and others, in all 34 persons used to attend the coolie work under one Mehaboob Sab Mestri being the contractor and used to attend the said work at Teertha Bhavi mountain of doing conker. They used to travel in a tractor to attend their coolie work. It is alleged that on 19/11/2005 at about 5.00 p.m. their contractor brought a tractor-trailer bearing Reg.No.KA-36/T-1528/29 to send the coolie workers to their respective villages. All these persons boarded the said tractor loaded with conker. Amongst the said laborers, there were also four other laborers also boarded the said tractor. The said tractor was being driven by one Hulgappa S/o Yamunappa. One Amzad, the brother of the contractor Mehaboob Sab sat behind the driver of the said tractor. The said tractor departed from the place of coolie work at 5.30 p.m. and when the said tractor was moving at Adavi Bhavi Thanda, the driver of the said tractor by driving his tractor in high speed, in a rash and negligent manner, after passing Advai Bhavi Thand lost control over the driving of the tractor and made the said trailer of the tractor to turtle down. Thus, the said tractor-trailer turtled down on the left side of the road, due to which the passengers travelling on the said tractor i.e., CWs.3 to 10 sustained grievous injuries on their person, CW.1 and CW.11 to 31 sustained injuries One Amjad S/o Bashumiya, aged 18 years, being resident of Venkatarayanapete Mudgal, died on the spot. After the said accident, driver/accused ran away from the spot without informing any body. With these allegations, a complaint came to be filed which was registered in Crime No.110/2005 of Maski Police Station.