GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No.1481/2011 on the file of JMFC I Court, Hubli, filed this appeal challenging the judgment of conviction and sentence dated 28.03.2013, for the offences punishable under Sections 279, 337 and 304A of IPC read with Section 196 of Motor Vehicles Act. The trial Court sentenced the accused as under :

(2.) THE above said judgment of conviction and sentence was challenged by the petitioner before the Sessions Judge in Crl.A.No.67/2013. The I Additional District and Sessions Judge, Dharwad, sitting at Hubli after hearing the matter though dismissed the appeal on 02.01.2014 has modified the sentence passed under Section 304(A) of I.P.C. and sentenced the accused/appellant to undergo simple imprisonment for six months and to pay fine of Rs.5,000/ -, in default of payment of fine to undergo simple imprisonment for 15 days. So far the other sentences passed by the Trial Court are undisturbed.

(3.) BEING aggrieved by the judgment and sentence passed by the Trial Court and as well as the appellate Court the petitioner has preferred this Revision Petition. This Court while exercising the Revision Petition cannot appreciate the factual matrix of the case in detail, as if it is an appeal. But if there is any illegality, perversity and capriciously found in the judgments of the Trial Court or the Appellate Court, in appreciating the materials on record and arriving at a wrong conclusion then alone this Court can interfere with such judgments, if the fundamental principles of criminal justice that the case against the accused person has to be proved beyond all reasonable doubt. Further added to that, the prosecution has to prove the case by placing convincing and cogent evidence before the trial Court in order to draw a specific and definite inferences by the Court.