SYED EJAZ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court being aggrieved by the judgment of conviction and order on sentence dtd. 20/9/2012 in C.C.No.4076/2009 (Old C.C No.2300/2007) passed by the Metropolitan Magistrate, Traffic Court - III at Bengaluru and the judgment and order dtd. 7/9/2017 passed in Crl.A.No.641/2012 on the file of LXI Additional City Civil and Sessions Judge, Bengaluru City (CCH - 62) seeking to set aside the concurrent findings recorded 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 14/4/2008 at about 9.00 a.m., the accused being a rider of the motorcycle bearing Registration No.KA-05-EY-9248 drove the same in a rash and negligent manner and dashed to the pedestrian U.Ganesh who was crossing the road from east to west. Due to the impact, the pillion rider of the motorcycle, viz., Kumari Ayesha Banu sustained grievous injuries and the pedestrian also had sustained grievous injuries and succumbed to the said injuries. Based on the complaint, the respondent - police have registered a case and conducted the investigation and submitted the charge sheet.