RAZAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Sec. 397 R/w Sec. 401 of the Code of Criminal procedure, 1973 (for short, hereinafter referred to as ' Cr.P.C .') by accused-petitioner challenging the judgment of conviction and order of sentence passed by the learned Civil Judge (Jr.Dn.) & JMFC., Navalgund in C.C.No.7/2006 dtd. 27/11/2008 and confirmed in Crl.A.No.186/2008 on the file of the learned Prl. District and Sessions Judge, Dharwad, pertaining to the offences punishable under Ss. 279 , 337 , 338 and 304A of IPC.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that, the accused is the driver of the MSRTC bus bearing No.MH 20/D 6284. It is alleged that on 1/6/2005 at about 5.15 p.m. the said bus was driven from Nargund towards Navalgund in a rash and negligent manner and in a high speed endangering to human life on a national highway and dashed against the lorry bearing No.KA 29/1583 coming from the opposite direction causing simple and grievous injuries to inmates of the lorry and causing the death of four persons. On the basis of the complaint, lodged by the complainant who was the inmate of the lorry, the crime was registered by investigating office. Then, after investigation, the investigating officer has submitted the charge sheet against the accused for the offences punishable under Ss. 279 , 337 , 338 and 304A of IPC. After submission of the charge sheet, the learned Magistrate has taken cognizance and issued summons to the accused and the accused has appeared before the Trial Court through his counsel and was enlarged on bail. The prosecution papers were also furnished to the accused. The accusation was read over and explained to the accused and he pleaded not guilty.