MOIDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner being aggrieved by the judgment of conviction and order on sentence dtd. 28/8/2015 in C.C.No.1628/2011 passed by the JMFC (III Court), Mangaluru, D.K., and the judgment and order dtd. 16/5/2017 passed in Crl.A.No.223/2015 on the file of the Principal Sessions Judge, Dakshina Kannada, Mangaluru seeking to set aside the judgments and orders passed by the Courts below.

(2.) The ranks of the parties henceforth will be considered as per their rankings before the Trial Court for convenience.

(3.) The case of the prosecution is that on 5/10/2010, at about 8.15 am, the accused being a driver of Sneha Public School bus bearing its No.KA19-19-B-757, drove the same from Chembugudde towards Thokkottu on a public road in a rash and negligent manner and dashed to the compound wall on the right side of the road, thereby, two children have sustained simple injuries and other two persons have sustained grievous injuries. In the said accident, one Lolakshi @ Aishwarya sustained severe injures and succumbed to the said injuries in the hospital. CW1 lodged a complaint before the respondent police. Based on the said complaint, the respondent police registered a case in Cr.No.279/2010 against the accused. After conducting investigation, the jurisdictional police submitted the charge sheet.