LAWS(KAR)-2023-5-297

MALLAPPA HANUMANTAPPA TALAWAR Vs. STATE OF KARNATAKA

Decided On May 30, 2023
Mallappa Hanumantappa Talawar Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Revision petitioner-accused being aggrieved by the judgment of learned I Additional District and Sessions Judge, Haveri (hereinafter referred as 'First Appellate Court' for brevity) in Criminal Appeal No.08/2010 dtd. 19/6/2015, preferred the present Criminal Revision Petition.

(2.) Parties to the revision petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 20/10/2008 at about 8:15 p.m, accused being the driver of tractor-trailer bearing No.K.A-27/T-7271/72 on P.B. road near Nelogal Railway Station drove the same with high speed in a rash and negligent manner so as to endanger human life. On account of actionable negligence in driving the tractor and trailer by accused, the wheels of tractor entered the pot hole on the left side. Due to which, trailer was tilted, further Fakkirappa Erappa Kademani, who was inmate of tractor and trailer fell down and the wheels of the tractor ran over him. As a result of which, he succumbed to the injuries sustained in the accident. It is further alleged by the prosecution that accused has failed to give information about the accident to the nearest police station. On these allegations, the investigating officer after completion of investigation filed the charge- sheet.