LAKSHMANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner (hereinafter referred as 'accused') was tried and convicted for an offence punishable under section 304A IPC and also for an offence punishable under section 187 of the Motor Vehicles Act, 1988 (for short, the M.V. Act'). The accused was before I -appellate court in Criminal Appeal No. 106/2008. The learned Judge of I -appellate court on re -appreciation of evidence has confirmed the judgment of trial court. Therefore, accused is before this court.

(2.) THE law is fairly well established that this court while exercising revisional jurisdiction under section 401 Cr.P.C., does not sit as a court of second appeal. This court can interfere with the impugned judgment if the courts below have committed glaring errors in appreciation of evidence or errors of law resulting manifest injustice to petitioner.

(3.) PW 1 -D.L. Poojar has given eye witness account of accident. PW1 has deposed; at the time of accident, deceased and PW1 were walking near Jayadeva Circle; at that time, a lorry came from Lawyer's road and took a sudden turn and dashed against deceased and wheel of lorry ran over lower limbs of deceased; deceased was given preliminary treatment in C.G. Hospital at Davanagere and later he was shifted to KIMS Hospital at Bangalore.