BHARAT KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein was convicted for the offences punishable under Ss. 279 and 304(A) of IPC in C.C.No.1333/2012 dtd. 23/6/2018 passed by the learned Prl. Civil Judge and JMFC, Kadur. Both the Courts below have concurrently held that the petitioner is the guilty of the offences stated supra. Therefore, being aggrieved by the said concurrent findings of the Court below, the petitioner has preferred this revision petition.

(2.) The rank of the parties in the Trial Court henceforth will be considered accordingly for convenience.

(3.) The case of the prosecution is that P.W.1 being the driver of the NWKRTC bus lodged a complaint stating that on 21/5/2012 around 6.00 p.m., while he was proceeding from Yellapura towards Bangalore, when he reached Jayalakshmipura near Kadur, the Maruti car bearing its No.KA- 03-M-5913, came from opposite direction with high speed and in a rash and negligent manner and dashed the front left portion of the bus, due to which, both the vehicles got damaged, accused had sustained injuries and the lady who was inmate of the said car had succumbed to the injuries at the spot. The petitioner herein was given first aid and later, he was shifted to Kaduru Government Hospital for treatment. Based on the said complaint, the jurisdictional police have registered the case in Cr.No.90/2012 for the offences punishable under Ss. 279, 337 and 304-A of IPC. After conducting investigation, the Investigation Officer submitted the charge sheet.