SATHISHKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused is before this Court in this revision petition filed under Sec. 397 Read with Sec. 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.229 of 2012 dtd. 20/6/2016 by the Court of III Addl. Senior Civil Judge & CJM, Mysuru and the judgment and order dtd. 17/5/2017 passed in Criminal Appeal No.131 of 2016 by the Court of IV Addl. District & Sessions Judge, Mysuru.

(2.) Heard the learned counsel appearing for the parties.

(3.) It is the case of the prosecution that on 3/10/2008 at about 07.15 a.m. within the limits of Nazarabad police station, Mysore, Mysore - Madikeri highway, the KSRTC bus bearing registration No.KA-09-F-3925, which was driven by the petitioner in a rash and negligent manner, dashed against the motorcycle bearing registration No.KA-09-E-7698 and caused the accident. One Sandesh, who was the rider of the motorcycle, had sustained grievous injury in the accident and succumbed to the injuries subsequently. Along with Sandesh PW-2 Nandaraju was riding pillion in the motorbike bearing registration No.KA-09-E-7698 and he also had sustained injuries and was admitted to the hospital. It is in this background, FIR was registered against the petitioner, based on the complaint of PW4, Santosh. After completing investigation, charge sheet was filed against the petitioner for offences punishable under Ss. 279, 338 & 304(A) of IPC and he was tried for the said offences before the jurisdictional Court of Magistrate in C.C.No.229 of 2012. Since the petitioner had pleaded not guilty and claimed to be tried, the prosecution in order to prove its charges levelled against the petitioner has examined six charge sheet witnesses as PW1 to PW6 and has got marked eight documents as Ex.P1 to Ex.P8. On behalf of defence, petitioner had examined himself as DW1. However, no documents were produced on his behalf in support of his defece. The Trial Court after hearing the arguments addressed on both sides vide the impugned judgment and order passed in C.C.No.229 of 2012, convicted the petitioner for offences punishable under Ss. 279, 338 and 304A of IPC. For the offence punishable under Sec. 279 of IPC, petitioner was sentenced to pay fine of .1,000/- and in default to undergo simple imprisonment for a period of three months. For the offence punishable under Sec. 338 of IPC, petitioner was sentenced to pay fine of .1,000/- and in default to undergo simple imprisonment for a period of three months and for the offence punishable under Sec. 304A of IPC petitioner was sentenced to undergo simple imprisonment for a period of six months and pay fine of .500/- and in default to undergo simple imprisonment for a period of one month. The said judgment and order of conviction and sentence passed in C.C.No.229 of 2012 was confirmed by the Appellate Court in Criminal Appeal No.131 of 2016 by judgment and order dtd. 17/5/2017. It is under these circumstances, the petitioner is before this Court.