HANUMANTHA NAIK Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred this petition against the judgment of conviction and order of sentence passed by the Senior Civil Judge and J.M.F.C, Channagiri in CC.No.30/2014 dtd. 13/8/2014, which is confirmed in Crl.A.No.107/2014, on the file of I Additional District and Sessions Judge, Davangere, dtd. 20/9/2016.

(2.) The parties are referred as per the rankings of the trial Court.

(3.) Brief facts leading to this revision petition are that, the Circle Inspector of Police, Channagiri, has laid a charge sheet against the accused for offences punishable under Sec. 279 and 304(A) of IPC. It is alleged by the prosecution that on 23/5/2012 at about 9.30 p.m., near Doddaghatta Village, Channagiri, Davangere road, the accused being a driver of the Tractor Trailer bearing registration No.KA-17/TA-575 and KA-17/TA-576, has taken CW1 and CW2 and one Bhimanaik S/o. Sevyanaik for bringing fertilizers from Davangere. Bhimanaik was sitting on the engine mudguard. The accused drove the said Tractor and Trailer in a rash and negligent manner while coming from Tyavanagi. When they came near the lands of Pujar Halappa of Doddaghatta Village, Bhimanaik fell down and the rear wheel of the trailer rammed Bhimanaik suffering injury and he died on his way to the hospital and thereby the accused has committed the alleged offences.