RAKESH R. GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 of Code of Criminal Procedure, 1973 (for short'Cr.P.C') has been filed by the petitioner challenging the judgment and order of conviction and sentence passed by the Court of Civil Judge (Jr.Dn) and JMFC, Gundlupet (for short the'Trial Court) in C.C.No.490/2007 dtd. 1/2/2010 and the judgment and order passed by the District and Sessions Judge, Chamarajanagara (for short the'Appellate Court') in Crl.A.No.9/2010 dtd. 16/3/2013.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.

(3.) Brief facts as revealed from the records that may be necessary for the purpose of disposal of this revision petition are on 16/4/2007, the ASI of Gundlupet Police Station received a phone call from Forest Guard PW-1 - Puttaswamy at about 9.00 p.m, informing him about the accident which had taken place in front of forest gate situated at Gundlupet -Sulthan Batheri road. Immediately, ASI of Gundlupet police station - PW.2 had rushed to the spot and on enquiry from PW.1, he came to know about the accident that had taken place near forest gate at about 7.45 p.m, PW1 informed PW2 that the petitioner who was the driver of the Car bearing registration no.KA-09-A-6166 traveling from Gundlupet to Sulthanbatheri side drove the Car in a rash and negligent manner and dashed against the bike bearing registration no.KL- 03-K-4899 which was coming from Sulthanbatheri side. The rider and pillion rider of the bike had suffered grievous injury and the rider had succumbed to the injuries. Based on the said information a case was registered by PW2 against the petitioner for the offences punishable under Ss. 279, 338 and 304(A) of IPC and after investigation, the police had filed a charge sheet against the petitioner for the aforesaid offence.