DEVDAS SUVARNA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order on sentence dtd. 28/4/2017 in C.C.No.238/2015 on the file of the JMFC (III Court), Mangaluru, D.K. and its confirmation judgment and order dtd. 7/11/2017 in Crl.A.No.83/2017 on the file of the IV Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, seeking to set aside the concurrent findings recorded by the Courts below.

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

(3.) It is the case of the prosecution that on 14/9/2014 at about 6.05 p.m., the accused being the driver of the car bearing Reg.No.KA-19-D-5293, drove the same from Mangalore towards Surthkal on NH-66 in a rash and negligent manner and dashed to the hind side of the car bearing Reg. No.KA-20-C-0425. Due to the said impact, the car driven by C.W.6 was dashed to the hind side of the bus bearing Reg.No.KA-19-C-8783 which was driven by C.W.2. Due to the said accident, C.W.6 sustained simple injuries and one Smt. Sumithra Prabhu who was inmate of the car had sustained grievous injuries and other two inmates of the car i.e., C.Ws.4 and 5 were sustained simple injuries. The injured were shifted to Ullal General Hospital. Later, the injured Sumitra Prabhu was shifted to Dr. N.R.Acharya Memorial General Hospital, Kundapur, however, she succumbed to the injuries at the hospital on 23/9/2014. Therefore, a complaint came to be registered against the accused. On the basis of the said complaint, the respondent police have registered a case in Cr.No.47/14 for the offences punishable under Ss. 279, 337 and 304(A) of IPC and Ss. 3(1) read with 181 and 185 of IMV Act. .