NAZIRAHMAD ISAK PATEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has called in question the judgment passed by the Principal Civil Judge and J.M. F. C. at Jamkhandi in C.C. No.13 of 2011 dated 26th July, 2013 by which judgment, petitioner has been convicted for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and judgment passed by First Additional District and Sessions Judge, Bagalkot, sitting at Jamakhandi in Criminal Appeal No.92 of 2013, dated 03rd June, 2016, where conviction and sentence imposed on petitioner came to be confirmed.

(2.) The case of prosecution is that on 15th Nov., 2010, complainant along with 5 to 6 other passengers was proceeding in a jeep bearing registration No. KA 49/M-1105 from Jamakhandi bus stand and when they were near Kadapatti cross, jeep was stopped by the side of road to enable some of the passengers to board and at that time, accused, being the driver of KSRTC bus bearing registration No. KA-07 /F-841 , was driving the said bus in a rash and negligent manner and in high speed and dashed to the jeep from hind side (back side). On account of said impact, the passengers of jeep had sustained simple and grievous injuries and they were taken to hospital in an ambulance. In the hospital, complaint came to be registered by Jamkhandi Town Police in Crime No. 153 of 2010 and after conducting detailed investigation, charge-sheet came to be filed against petitioner-accused. At the trial, accused pleaded not guilty. Prosecution examined in all 13 witnesses and through them, got marked Exs. P-1 to 18 and MO. 1. Thereafter, prosecution side was closed. Accused denied the case of prosecution as appearing against him. In his statement recorded under Sec. 313 of the Code of Criminal Procedure, accused did not lead evidence in his defence. After appreciating the evidence available on record, trial court found that prosecution had brought home guilt of accused beyond all reasonable doubt through the testimony of injured passengers who were travelling in the jeep on the fateful day. Apart from said evidence, trial court took note of the evidence placed in respect of the vehicle not having any mechanical defect and thus, on appreciation of entire evidence on record, trial court convicted the petitioner for the aforesaid offence and sentenced to pay fine of 1,000.00for the offence punishable under Sec. 279, Penal Code and sentenced to pay fines of 500.00 and 1,000.00 respectively for the offences punishable under Sections 337 and 338, IPC. In default of payment of fine amount, petitioner-accused was directed to undergo simple imprisonment for one month, fifteen days and one month for the respective fines imposed.

(3.) The appellate court in Criminal Appeal No.92 of 2013, on going through the evidence of prosecution and documents produced on its behalf, arrived at a conclusion that there was no error committed by the trial court and it was held that trial court had elaborately considered the evidence of witnesses adduced on behalf of prosecution and appellant-accused has failed to put his defence either at the time of recording 313 statement or by way of adducing defence evidence to disprove the case of prosecution. On these amongst other grounds as succinctly discussed by lower appellate court by its judgment dated 03rd June, 2016, dismissed the appeal and confirmed the judgment and order of conviction-sentence passed by the trial court in CC No. 13 of 2011. Being aggrieved by these two judgments, petitioner/accused is before this Court.