MOHAMMAD KASIM ABDULGANI MESTRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in C.C. No. 1828 of of 1978. on the file of J.M.F C., Belgaum, has preferred this Revision against the concurrent findings of that Court and that of the II Addl. Sessions Judge, Belgaum, in Cr.A. No 135 of 1981, finding him guilty of offences punishable under Ss. 279, 337, 338 and 304-A of the Indian Penal Code and sentencing him to various terms of imprisonment as set out in the said judgment.

(2.) The facts, not in dispute, are : The accused was a driver of the truck bearing Registration No MEL 5236. Taking in the truck a large flock of sheep and goats and some persons, some of whom were the owners of the sheep, he was proceeding during the night between 23rd and 24th of March 1978, on Belgaum, Bagalkot Road ; That between 4 a.m. and 6 a.m., the truck dashed against a road side tree on that road and within the limits of Marlhal Police Station of Belgaum District, resulting in the death of passenger Badsha Imamsab Inamadar and injuries, simple and grievous, to several of those travelling in the truck. Of those who were travelling in the truck, P.W. 6 Ranoji Maktumsab Bedarekar was sitting by the side of the driver in the cabin and others in the body of the truck, along with the sheep and the goats.

(3.) The other facts established from the evidence on record are that, this truck (goods vehicle) was extensively damaged, in that, its front right side bumper had been pressed and damaged, front right side mudguard and front right side show also pressed and damaged; The driver's cabin had been broken ; front wind screen glasses of the truck broken into pieces and its frame damaged. In fact, the driver's seat also had been broken and damaged; both the doors had been broken : steering arm had been bent and damaged and fan blades also had been damaged. The accident was not due to any mechanical defects (See the evidence of the Senior Motor Vehicles Inspector, P.W. 10 and his report Ex. P. 14).