D SELVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision is filed against the order of the Add l. District Judge/fast track Judge IIIrd. Bangalore Rural District in Crl. A. 61/2005.

(2.) THE petitioner was charge-sheeted by the Attihele Police before the JMFC, Anekal for the offences under Ss. 279. 338 and 304-A. I. P. C. alleging that on 8-1-2003. around 3. 45 p. m. in front of Chikkanahalli Road near attibele Checkpost when C. W. 1 along with his friend Shanker was going on a motorcycle bearing No. KA 05 FA 7485 from Bangalore towards Hosur on NH 7, the petitioner being the driver of Bus bearing No. TN 27 N 1387 coming from Hosur towards Bangalore on the wrong side at great speed in a rash and negligent manner so as to endanger human life, dashed against the motor cycle due to which c. W. J sustained grievous injuries and the pillion rider who also sustained grievous injuries succumbed to the same on the spot. The learned Magistrate on filing of the chargesheet, after recording the plea of the accused and after trial, held the accused guilty of the abovesaid offences and the accused was sentenced to pay a fine of Rs. 500/- and in default, to undergo simple imprisonment for 3 months for the offence under S. 279, I. P. C. Further, he was also sentenced to pay a fine of Rs. 1,000/- and in default, to undergo simple imprisornment for six months for the offence under S. 338, I. P. C. Further, he was also sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1,000/- for the offence punishable under S. 304-A, I. P. C. and in default, to undergo simple imprisonment for three months and also directed that out of the fine amount, Rs. 500/- shall be paid to P. W. 1 injured and Rs. 1. 000 shall be piid to the legal representatives of the deccased dshanker Against the said order, appeal was preferred before the Fast Track Court III, Bangalore Rural District. The said Court, after hearing, dismissed the appeal while confirming the order of the learned Magistrate. Hence, this revision.

(3.) HEAARD the counsel for the petitioner and the Government Pleader.