BALAKRISHNA SON OF BELLIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal Revision Petition under Section 397 r/w Section 401 of Cr.P.C. is directed against the judgment of conviction and sentence of the revision petitioner for the offences punishable under Sections 279 and 304 -A of IPC and Section 134 (a) & (b) r/w Section 187 of the Motor Vehicle Act, dated 29.12.2010 in C.C.No.5287/2005 on the file of the Metropolitan Magistrate, Traffic Court -III at Bangalore, which has been confirmed by the Presiding Officer, Fast Track Court XVII, Bangalore City in Criminal Appeal No.47/2011 by judgment dated 06.04.2011.

(2.) THE revision petitioner was the accused before the Magistrate. On 04.11.2005, at about 9.10 am near Kuvempu Circle on Outer Ring Road, the accused being the driver of the tanker lorry bearing Reg.No. KA 19 -AD9990, drove the lorry in a rash and negligent manner and dashed against a Motorcycle bearing Reg.No.KA 04 -EA -5649 and as a result of the impact, the rider of the Motorcycle Ramaiah and the pillion rider Smt. Kalavathi fell down from the Motorcycle and thereby the lorry ran over Smt. Kalavathi, causing her instantaneous death and dragged her to a distance of about 50 feet. A complaint came to be lodged against the lorry driver -the petitioner herein and upon investigation a charge -sheet came to be filed. The accused having denied the charges levelled against him, the prosecution examined as many as 11 witnesses as PW -1 to PW -11 and marked Exs.P1 to P9. After the closure of the prosecution side, the incriminating circumstances that cropped up in the evidence of the prosecution witnesses has been put to the accused in his examination as required under Section 313 of Cr.P.C. The defence of the accused is that the accident occurred purely due to the negligence of the rider of the Motorcycle and he was in noway responsible for the accident and resultant death of Kalavathi. Learned Magistrate upon hearing the arguments addressed by the Public Prosecutor and the defence counsel and upon appreciation of the evidence, by his judgment dated 29.12.2010 convicted the accused for the offences punishable under Sections 279 and 304 -A of IPC and Section 134 (a) and (b) r/w Section 187 of Motor Vehicles Act and sentenced him to undergo imprisonment and to pay a fine.

(3.) QUESTIONING the legality and correctness of the judgment of conviction and sentence passed by the Magistrate, the accused preferred Criminal Appeal No.47/2011 before the Fast Track Court -XVII, Bangalore City. The learned Presiding Officer of the Fast Track Court upon hearing the arguments and on re -appreciation of the evidence confirmed the judgment of conviction and sentence passed by the Magistrate while dismissing the appeal.