RATNAPPA SHIVALINGAPPA JEEVANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision petition under section 397 of the code of Criminal Procedure has been preferred by the accused in c. C. No. 819/1999 on the file of the Additional JMFC, Gokak challenging their conviction and the judgment in Criminal Appeal No. 51/2000 on the file of the I Additional Sessions Judge, Belgaum. This revision petition is directed against the confirmation of their conviction by the appellate court for the offence punishable under Section 304-A of the IPC and consequent sentence of rigorous imprisonment for three months and a fine of Rs. 1,000/- each in default to undergo simple imprisonment for two months.

(2.) THE case of the prosecution may be briefly stated as follows :

(3.) THE accused pleaded not guilty to the charge and claimed to be tried. The prosecution examined in all ten witnesses. PW-1 is the complainant and PWs-2 and 3 are panch witnesses. PWs-4 to 6 are eye-witnesses. PW-1 learnt about the incident from pw-4. PW-8 was the Junior Engineer, KEB, mudalagi, who speaks about the electric supply during the relevant period to waderhatti village. PWs-7 and 10 are police officers.