P. SHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in C.C.No. 1274/2005 on the file of I-Additional JMFC, Vijaypur, has come up in this revision petition impugning the concurrent findings of both the Courts below in convicting him for the offences punishable under Sections 279 and 304A of IPC.

(2.) Brief facts leading to this revision petition are as under:

(3.) In the said proceeding, defence was raised by the revision petitioner contending that he was cleaner of the said lorry and he was not driving the lorry at the relevant point of time and according to him, immediately after the accident, driver abandoned the lorry leaving the revision petitioner who is cleaner in the custody of the lorry. Though such defence is taken, he was not able to establish by examining the driver who was driving the lorry. On the contrary, the other witnesses including complainant have identified the revision petitioner as the person who was driving the lorry at the relevant point of time. With such overwhelming evidence available on record, the Court below has proceeded to convict him for the offences punishable under Sections 279 and 304A of Indian Penal Code with reference to offence alleged under Sec. 134 Read With Sec. 187 of the Motor Vehicles Act, he has been acquitted.