AKBAR GUDAB SANADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order passed by presiding Officer, Fast Track Court, Chikodi, in Criminal appeal No. 16/2000 dated 12-01-2005 confirming the judgment and order passed by the JMFC, Sankeshwar, in C. C. No. 772/1999 dated 14-03-2000 convicting the petitioner for the offences punishable Under sections 279, 337, 304-A IPC and Section 134 readwith 187 of motor Vehicles Act and awarding the sentence.

(2.) THE facts relevant for the purpose of this revision petition are asunder: it is on 25-12-1998 at about 4. 30 p. m. , the complaint came to be lodged by Sri. Vijayakumar PW. 1 the conductor of the MSRTC bus bearing registration No. MH-20 D-3114, alleging that on the date of accident in the evening at about 6-15 p. m. , the bus bearing No. MH-20 d-3114 in which he was the conductor was proceeding from Belgaum towards Nippani and near Kanagal Village, the Tempo Trax bearing registration No. KA-23 M-4301 came from the opposite direction in a rash and negligent manner and overtaking a lorry, dashed the bus on its left side and in the impact, both the drivers of the Trax and the bus were injured and two inmates of the Trax died on the spot. The complaint on these facts was registered by Sankeshwar Police in Crime no. 158/1998 for the offences punishable Under Sections 279, 337, 304-A IPC and Section 134 readwith 187 of Motor Vehicles Act. PW. 9 - the Sub Inspector of Police registered the crime and sent the first information to the Court. He visited the spot of the accident and held the scene of offence panchnama as per Exhibit P-2 and also seized the broken glasspieces. He prepared the sketch of the scene of accident as per Exhibit P-13. The CPI-P. W.-10 took out the further investigation and held the inquest over the dead bodies as per Exhibits p-3 and P-4, and recorded the statement of the witnesses. He sent the dead bodies for the post mortem examination and seized the clothes on the dead body of the deceased under the panchanam Exhibits P-7 and P8. He secured the post mortem report Exhibits P-5 and P-6 and the injury certificates Exhibits P-9, P-11 of the petitioner and Exhibit p-10 injury certificate of the driver of the bus. He also secured the motor Vehicle's Inspectors Report - Exhibits P-l2 and after the completion of the investigation, filled the charge sheet before the JMFC sankeshwar.

(3.) AFTER framing the charge, the prosecution lead the evidence by examining PWs 1 to 10 and the documents Exhibits P-1 to P-13 were marked. The statement of the accused was recorded Under section 313 Cr. P. C. The accused has not led any evidence. After hearing the arguments, the learned Magistrate pronounced the judgment and order dated 14-03-2000 convicting the petitioner for the offences punishable Under Sections 279, 337, 304-A IPC and section 134 readwith 187 of Motor Vehicles Act and also awarded the sentence. Aggrieved by the said judgment and order, the petitioner preferred an appeal in Criminal Appeal No. 16/2000 before the sessions Court, Belgaum. The case was made over to the Presiding officer, Fast Track Court at Chikodi and the Learned Judge, after hearing, has pronounced the judgment on 12-01 -2005 dismissing the appeal. Aggrieved by the said order confirming the conviction awarded by the JMFC, this revision has been preferred.