BASAVARAJU Vs. STATE

JUDGEMENT

(1.) THE revision petitioner has assailed the judgment of conviction and sentence dated 31.7.2010 in C.C. No. 3862/2003 on the file of Metropolitan Magistrate Traffic Court -II, Bangalore and the judgment dated 19.11.2010 in Crl.A. No. 604/2010 on the file of Fast Track Court -IV, Bangalore City dismissing the appeal and confirming the judgment of conviction and sentence passed by the Magistrate. The prosecution case is that on 21.5.2003 at about 6.00 p.m. on Kanakpura main road, deceased Narayana was proceeding on his two wheeler bearing No. KA -05 -R -1894 from North towards South and when he was in front of Hedge and Gole factory, a jeep bearing No. CAT -7272 driven by the accused came from opposite direction in rash and negligent manner to the wrong side of the road and dashed against deceased Narayana, as a result, he sustained grievous injuries and while undergoing treatment in Sanjay Gandhi hospital, he succumbed to the injuries. The accident was witnessed by PW -3 Muniswamaiah, who in -turn informed to PW -1 -Manjunath -brother of the deceased Narayana. PW -1 lodged the complaint. Upon investigation, a charge -sheet came to be filed against the accused for the offences punishable under Section 279, 304 -A and Sections 146, 145 r/w 196 of M.V. Act. The accused denied the accusation. So, the prosecution in order to establish the charges, examined as many as nine witnesses as PWs -1 to 9 and marked Exs -P1 to P8. The learned Magistrate upon hearing the Public Prosecutor and the defence counsel and appreciation of the evidence placed on record found that on account of rash and negligent driving of the jeep driver, the rider of the scooter Narayana died and thereby he was convicted for the offences punishable under Sections 279, 304 -A, 146 and 145 r/w 196 of Indian Motor Vehicles Act and has been sentenced to undergo simple imprisonment for a period of one year and to pay fine. Aggrieved by the judgment of conviction and sentence, the accused preferred Crl.A. No. 604/2010 before the Sessions Judge, who in -turn on re -appreciation of the evidence, by order dated 19.11.2010 dismissed the appeal while confirming the judgment of conviction and sentence passed by the Magistrate. Challenging the orders passed by both the Courts below, this revision petition is preferred.

(2.) THE point that arises for my consideration is: -