K.DINESH Vs. STATE

JUDGEMENT

(1.) In this petition filed under Sec. 397 r/w 401 of Code of Criminal Procedure, petitioner who is accused before the trial Court has challenged his conviction and sentence for the offences punishable under Ss. 279, 338 and 304-A IPC imposed by the trial Court, which came to be confirmed by the Sessions Court by dismissing the appeal filed by him.

(2.) For the sake of convenience, parties are referred to by their ranks before the trial Court.

(3.) A charge sheet came to be filed against the accused alleging that on 3/5/2006, accused being the driver of Tata Spacio Jeep ('Offending vehicle' for short) drove the same in a rash or negligent manner on NH-17 from Panambur towards Suratkal and on Baikampady over Bridge, drove it towards wrong side and dashed against TVS moped bearing registration No.KA -19/K -4313 ('Moped' for short) which was coming from the opposite direction from Baikampady towards Panambur. As a result of the accident, the rider of the moped John Cyril D'Mello and pillion rider Beer Bahadur sustained grievous injuries. John Cyril D'Mello succumbed to the injuries while undergoing treatment and thereby accused committed the offences punishable under Ss. 279, 338 and 304-A IPC.