HYDERKHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition was dismissed for default by order dated 6-3-2006. I.A.II/2006 has been filed for re-calling the said order. The reason assigned for the failure of the Counsel for the revision petitioner to appear on that day is non-receipt of cause list of 6-3-2006. Accepting the said explanation, IA.II/2006 is allowed and recalling the order dated 6-3-2006, the revision petition is restored to file.

(2.) This revision petition has been preferred challenging the conviction of the revision petitioner for offences punishable under Section 279, 338 and 304-A of the IPC and consequent sentence awarded by the Learned JMFC, II Court, Belgaum, in order dated 12-6-2001 in C.C.No.458/2000. The appeal preferred by the revision petitioner in Criminal Appeal No.57/2001 having been dismissed by the Learned I Additional Sessions Judge, Belgaum 17-3-2003, this revision petition has been preferred.

(3.) On 20-4-2000 at 00.30 hours, truck bowing No.MYL 4586 of which P.W.3 Iragouda Patil was the driver, had been parked by the side of Belgaum-Sankeshwar Road in Sutagatti ghat, to repair the broken connecting pipe of that truck, Iragouda Patil, the driver of the truck (P.W.3) and Papul Mulla (P.W.5-another driver of the same truck) were repairing the broken pipe and were under the truck. Mohammed Hussain (the deceased) was sitting in front of the said buck to facilitate Ismail Bagawan (P.W.1), was standing by the side of the truck. It is alleged dud at that time, another truck, i.e., truck bearing No.MCU-2672 came in high speed and dashed to the said truck bearing No.MYL 4586 on its rear side, on account of which the truck bearing No.MYL 4586 went on its rear side, on account which the truck bearing No.MYL 4586 went further, his Mohammed Hussain and ran over him. That caused grievous injuries to Mohammed Hussain and injuries to P.W.5 Papul Mulla. Ismail Bagawan (Uncle of Mohammed Hussain) went to Hattaragi P.S. to inform about the incident. On the point of jurisdiction, he was directed to go to Kakati P.S.I. However Hattaragi police arranged for an ambulance. The injured were shifted in that ambulance to the hospital at Belgaum. Before they reached the hospital, Mohammed Hussain died. The driver of the truck bearing No.MCU-2672 (the accused) was prosecuted for offences punishable under Sections 279, 338 and 304-A of the IPC. After Trial, he was convicted by the Trial Court for the said offences and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for one month for the offence punishable under Section 279 of the IPC, to undergo rigorous imprisonment for three months and to pay a fine of Rs.500/- in default to undergo simple imprisonment for one month for the offence punishable under Section 338 of the IPC and to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for the offence punishable under Section 304-A of the IPC.