PUTTARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision petition under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment of conviction and sentence of the petitioner by an order dated 4 -5 -2010 in C.C. No.2346/2006 on the file of the Metropolitan Magistrate Traffic Court -II, Bangalore for the offences punishable under Sections 297, 337 and 304A of I.P.C. which has been confirmed in Crl.Appeal No.373/2010 on the file of Fast Track Court -X by an order dated 22 -3 -2011.

(2.) THE petitioner was the accused before the Magistrate in C.C. No.2346/2006. The case of the prosecution is that the petitioner/accused being the driver of the K.S.R.T.C. bus bearing No.KA -01 F -7816, while driving the bus from Bangalore towards Mysore on 9 -6 -2006, at about 8.45 a.m. when the bus reached near the Madhu petrol bunk junction, it dashed against T.V.S. bearing No.KA -05 EG -877 causing grievous injuries to the rider and the pillion rider and thereafter dashed against another person, who was standing by the side of the road and unable to control the speed, the bus dashed against an electric pole. Because of the injuries sustained in the said accident, two persons died while undergoing treatment in the hospital and the lady, who was a pillion rider on the T.V.S. survived. A complaint was lodged against the driver of the bus by P.W.1 as per Ex.P.1 and a case came to be registered against the petitioner/accused -the driver of bus for the offences punishable under Sections 279, 337 and 304A of I.P.C. Upon completion of the investigation, a charge sheet came to be filed. The accused appeared before the Magistrate and pleaded not guilty to all the charges leveled against him under Sections 279, 337 and 304A of I.P.C. The prosecution in order to prove the charges, examined as many as ten witnesses as P.W.1 to P.W.10 and marked Exs.P.1 to P.13. The accused denied the incriminating circumstances appeared against him during the course of evidence of the prosecution witnesses. He did not choose to lead defence evidence.

(3.) CRIMINAL Appeal No.373/2010 filed by the petitioner/accused against his conviction and sentence before the Fast Track Court -X at Bangalore came to be dismissed by an order dated 22 -3 -2011.