MANIKYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 21/11/2017 in C.C.No.1096/2015 on the file of the Court of the Additional Civil Judge and J.M.F.C., at Udupi and its confirmation judgment and order dtd. 25/3/2022 in Crl.A.No.60/2017 on the file of the Court of the Principal District and Sessions Judge, Udupi seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offences punishable under Ss. 279, 337 and 304-A of Indian Penal Code (for short ' IPC ').

(2.) The petitioner is the accused before the Trial Court and appellant before the Appellate Court.

(3.) The case of the prosecution is that, on 23/2/2015 at about 16.15 hours, the petitioner being the driver of the lorry bearing No.KA-19-B-7363 driven the same at National Highway 66 from Bhramavara towards Sasthana, in a rash and negligent manner so as to endanger human life and dashed against the motorcycle bearing No.KA-20-W-1010 near Bharani Petrol Bunk, Varamballi Village, Udupi. The accident stated to have occurred when the driver of the offending vehicle was trying to overtake another vehicle. As a result of which, the pillion rider fell down on the right side of the road, the tyre of the lorry ran over on the head of the pillion rider. Consequently, she died at the spot. However, the rider of the motorcycle sustained simple injuries. A case was registered against the petitioner, the jurisdictional police have registered a case in Crime No.38/2015. After conducting the investigation, they submitted the charge sheet.