CHANDRASHEKARA D.P. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has challenged the judgment of conviction dtd. 18/10/2016 passed by the JMFC, Belur (henceforth referred to as 'Trial Court' for short) in C.C.No.2502/2015 convicting him for the offences punishable under Ss. 279 , 337 , 338 , 304A of IPC and the order of sentence, by which he was sentenced to pay a fine of Rs.1,000.00 and undergo rigorous imprisonment of six months for the offence punishable under Sec. 279 IPC ; fine of Rs.500.00 and rigorous imprisonment of three months for the offence punishable under Sec. 337 of IPC ; fine of Rs.1,000.00 and rigorous imprisonment of six months for the offence punishable under Sec. 338 of IPC and fine of Rs.5,000.00 and two years rigorous imprisonment for the offence punishable under Sec. 304A of IPC. The petitioner has also challenged the judgment dtd. 6/8/2018 passed by the III Addl. District and Sessions Judge, Hassan (henceforth referred to as 'Appellate Court' for short) in Crl.A.No.226/2016, by which the judgment of conviction passed by the Trial Court for the offence punishable under Sec. 304A of IPC was upheld and the order of default sentence for the offence under Sec. 304A of IPC was modified and the accused was ordered to undergo rigorous imprisonment for two years and fine of Rs.5,000.00 and in default, to undergo simple imprisonment for a period of six months.

(2.) The record discloses that on 27/7/2015, the petitioner was driving a lorry bearing registration No.KA-18- 7707 on Belur - Chikkamagaluru road. At about 6.00 a.m., when he reached Kannayakanahalli, he dashed against a Tempo Traveller bearing registration No.KA-13-A-6845 causing the death of four passengers in the Tempo Traveller and other injuries to other passengers. A report of the incident was filed by CW.1 on 27/7/2015. Based on this, the jurisdictional police took up investigation and filed a final report accusing the petitioner of commission of offences punishable under Ss. 279 , 337 , 338 and 304A of IPC. The Trial Court took cognizance of the offences and issued summons to the petitioner. The petitioner pleaded not guilty and prayed that he be tried. The prosecution examined PW.1 to PW.14 and marked Exs.P1 to P28. The statement of the petitioner was recorded under Sec. 313 of Cr.P.C. and he denied the incriminating evidence adduced against him. However, he did not lead any evidence in defence.

(3.) Based on the oral and documentary evidence, the Trial Court held that the petitioner was negligent and had caused the accident resulting in death of four passengers in the Tempo Traveller and other injuries to the other passengers. It also held that the petitioner was guilty of other offences alleged against him and convicted him for the offences punishable under Ss. 279 , 337 , 338 and 304A of IPC. It sentenced the petitioner to undergo rigorous imprisonment of six months and fine of Rs.1,000.00 for the offence punishable under Sec. 279 of IPC; rigorous imprisonment of three months and fine of Rs.500.00 for the offence punishable under Sec. 337 of IPC; rigorous imprisonment of six months and fine of Rs.1,000.00 for the offence punishable under Sec. 338 of IPC and rigorous imprisonment of two years and fine of Rs.5,000.00 for the offence punishable under Sec. 304A of IPC. It imposed a default imprisonment of three months in the event of failing to pay the fine of Rs.5,000.00.