LAWS(KAR)-2023-1-1067

K. HANUMANTHAPPA Vs. STATE OF KARNATAKA

Decided On January 11, 2023
K. Hanumanthappa Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner has filed this revision petition challenging the correctness of the judgment of conviction and the order of sentence dtd. 26/5/2018 convicting the petitioner for the offences punishable under Ss. 279, 338 and 304(A) of IPC R/w Sec. 187 of IMV Act and to pay a fine of Rs.1,000.00 for the offence punishable under Sec. 279 and a sum of Rs.1,000.00 for the offence punishable under Sec. 338 and a sum of Rs.2,000.00 for the offence punishable under Sec. 304(A) and Rs.500.00 for the offence punishable under Sec. 187 of the IMV Act. The petitioner is also aggrieved by the judgment passed by the Sessions Court in Crl.A.No.27/2018, by which, the judgment of conviction passed by the trial Court was upheld.

(2.) The petitioner was tried for the offences punishable under Ss. 279, 338 and 304(A) of IPC R/w Sec. 187 of the IMV Act. The petitioner pleaded not guilty and claimed to be tried. The prosecution examined the injured victim as PW-1 and an eye witness was examined as PW-4 and the investigating Officer was examined as PW-6. The owner of the offending vehicle was examined as PW-9 and exhibits P1 to P21 were marked. The sworn statement of the petitioner was recorded under Sec. 313 of Cr.PC. The petitioner did not lead any defense evidence. Based on oral and documentary evidence, the trial Court held that the prosecution had proved beyond doubt that the petitioner was guilty of the offences punishable under Ss. 279, 338 and 304(A) of IPC R/w Sec. 187 of IMV Act and convicted him for the offences as aforesaid. An appeal filed by the petitioner before the Sessions Court in Crl.A.No.27/2018 was dismissed.

(3.) Being aggrieved by the same, this revision petition is filed.