NAZIRAHMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/accused feeling aggrieved by judgment of first appellate Court on the file of I Additional Sessions Judge, Belgaum, (hereinafter referred as 'First Appellate Court' for brevity) in criminal appeal No.18/2013 dtd. 13/8/2014, preferred this appeal.

(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 30/1/2011, the deceased Durgappa was rider of motorcycle bearing registration No.KA-22 X-4091 and his brother was pillion rider. When they reached near Macche village Darga, the driver of Maxicab bearing registration No.KA-22/A-5678 came from opposite side with high speed in rash and negligent manner and dashed against motorcycle driven by Durgappa. Due to said actionable negligence of driver of Maxicab bearing registration No.KA-22/A-5678, the accident in question has occurred and rider of the motorcycle Durgappa was succumbed to the injuries sustained in the accident and his brother PW.2 suffered injuries. It is further alleged that accident in question occurred due to actionable negligence of driver of Maxicab bearing registration No.KA-22/A-5678. On these allegation case was registered in crime No.352/2011 of Belgaum, Rural police station. The investigating officer on completion of investigation filed charge sheet.