DEVINDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused has filed this petition under Sec. 397 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .), praying to set aside the judgment and order of sentence passed by the II Additional Civil Judge and JMFC at Kalaburagi (for short 'Trial Court') in C.C. No.543/2010 dtd. 11/8/2015 and also to set aside the judgment and order dtd. 8/1/2018 passed by the I Additional Sessions Judge, Kalaburagi (for short 'First Appellate Court') in Criminal Appeal No.67/2015 and consequently to acquit the petitioner for the offences punishable under Ss. 279 and 304-A of the Indian Penal Code, 1860 (for short ' IPC ').

(2.) Brief facts of the prosecution case are as under: On 16/11/2009, at about 12.00 noon, in Farathabad village on State Highway No.218, when PW.1 - Eramma was crossing the road along with deceased - Devaki, who is the daughter of PW.2 - Ningamma, at that time, the accused being the driver of Balaji bus bearing registration No.KA-38/3942, drove the same in a high speed, rash and negligent manner from Kalaburagi side so as to endanger the human life and dashed to Devaki and thus, caused injuries to her. Immediately, PW.3 - Ejamma and PW.9 - Rafiq Sha shifted the deceased - Devaki to hospital for treatment and on the way, Devaki breathed her lost. Hence, PW.1 - Eramma lodged a complaint as per Ex.P1.

(3.) On the basis of Ex.P1, PW.8 has registered a case in Crime No.214/2009 for the offences punishable under Ss. 279 and 304-A of IPC, sent the FIR to the Court through his higher authorities, visited the spot, drew panchanama, recorded the statement of the witnesses, drew sketch and after collecting all the material documents, he filed charge sheet against the accused/petitioner for the offences punishable under Ss. 279 and 304-A of IPC.