SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') praying to set aside the judgment and order of sentence passed by the V Additional Judicial Magistrate First Class, Kalaburagi (for short 'Trial Court) in C.C.No.3456/2011 and also to set aside the judgment and order dtd. 30/11/2018 passed by the III Additional District and Sessions Judge at Kalaburagi (for short 'First Appellate Court) in Criminal Appeal No.20/2014 and consequently to acquit the petitioner for the offences punishable under Ss. 279 and 304-A of the Indian Penal Code, 1860 (for short ' IPC ') and under Sec. 187 of the Indian Motor Vehicles Act, 1988 (for short 'M.V.Act').

(2.) For the sake of convenience, the parties will be referred to as per their ranks before the Trail Court.

(3.) Brief facts of the prosecution case are that, on 19/3/2011, at about 11.30 a.m., the deceased - Sanju was riding a motorcycle bearing registration No.KA-32/X- 9664 from Kalaburagi to Humnabad side, at that time, the driver of the KSRTC bus bearing registration No.KA-38/F- 403 came in a high speed with rash or negligent manner to endanger the human life, thus, dashed against the motorcycle. Hence, the rider of the motorcycle sustained injuries and immediately he was shifted to hospital at Kalaburagi and after he was shifted Solapur hospital for higher treatment and on the way to the hospital, he succumbed to the injuries. Therefore, the brother of the deceased lodged a complaint as per Ex.P1.