G.ESHWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Revision petitioner has preferred this Revision Petition against the judgment of conviction and order on sentence passed in C.C.No.338/2011 dtd. 2/1/2014 by the Court of the Civil Judge and JMFC, Honnali (hereinafter referred to as 'Trial Court' for short) which is confirmed by the Prl.District and Sessions Judge, Davangere in Criminal Appeal No.10/2014 dtd. 24/8/2016 (hereinafter referred to as 'Appellate Court' for short).

(2.) For the sake of convenience, the parties in this revision petition are referred to as per their status and rank before the Trial Court.

(3.) The brief facts leading to this Revision Petition are that the Honnali Police have registered the case NC: 2025:KHC:19419 HC-KAR against accused for the offences punishable under Sec. 279, 337, 338 and 304A of Indian Penal Code. It is alleged by the prosecution that on 28/1/2011 in the early hours at around 1.30 am, the accused being the driver of the KSRTC bus bearing registration No.KA-19-F-2805 drove it on the Honnali-Harihara road from Honnali towards Harihara in a high speed, rash and negligent manner so as to endanger human life and personal safety of others and when the bus came near the A.K. Colony, it dashed to a Mini Lorry bearing registration No.KA-35-9293 which was coming from the opposite direction. Due to the impact Devlanaik who was travelling in the cabin of the lorry sustained fatal injuries and succumbed to injuries at the spot. The driver of the mini lorry CW.9 Mr. Ganesh and CW.10 Mr. Meetyanaik who were seated in the cabin sustained grievous and simple injuries. Thus, accused has committed the offences under Ss. 279, 337, 338 and 304A of Indian Penal Code.