LAKHAN REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petitioner is assailing the Order dtd. 4/4/2022 passed in CC.No.20/2019 on the file of learned Senior Civil Judge and JMFC, Humnabad, (hereinafter referred to as 'Trial Court') whereby the accused came to be convicted for offence punishable under Ss. 304(A), 279 of the Indian Penal Code, 1860 (for short 'IPC') and 187 of the Indian Motor Vehicles Act, 1988 (for short 'IMV Act') and sentencing to pay fine of Rs.1,000.00 for the offence punishable under Sec. 279 of IPC; sentencing to undergo simple imprisonment for the period of one year for the offence punishable under Sec. 304(A) of IPC; and to pay fine of Rs.500.00 for the offence punishable under Sec. 187 of IMV Act, with default sentences, which was confirmed in Criminal Appeal No.5008/2022 on the file of the learned II Addl. District and Sessions Judge, Bidar, sitting at Basavakalyan, (hereinafter referred to as 'First Appellate Court') vide judgment dtd. 3/2/2023, by modifying the appeal and confirming the judgment passed by the Trial Court.

(2.) For the sake of convenience, the parties herein are referred to as per their rank before the Trial Court.

(3.) The case of the prosecution in brief is that, 27/11/2018 at 3.30 p.m., the accused being the driver of tipper bearing registration No.KA-38/A-0319 near the bridge of Hudagi-Nandgaon road, drove the same in a rash and negligent manner, endangering to human life and dashed to the motorcycle bearing registration No.KA-32/Y- 0996. As a result, Shivanand the rider of the motorcycle sustained grievous injuries. That the injured was taken to the Government Hospital, Humnabad. Thereafter, he was shifted to Government Hospital, Bidar, where the injured died. It is further alleged that after the accident the accused without attending to the injured and informing the police, ran away from the spot, thereby committed the offence punishable under Ss. 279 and 304(A) of IPC and Sec. 187 of MV Act. After investigation, charge sheet came to be filed.