S VENKATARAMULA Vs. STATE OF KARANATAKA

JUDGEMENT

(1.) THIS revision by the petitioner is directed against the judgment and order passed by the Presiding Officer, Fast Track court-II, Raichur, in Criminal Appeal No. 3/ 2003, dated 24-1-2005, partly allowing the appeal and confirming the judgment and order passed by the Chief Judicial Magistrate, raichur, in C. C. No. 505/2001 dated 11-3-2003 convicting the petitioner for the offence under Ss. 279 and 304-A, I. P. C. and sentencing him to undergo imprisonment and to pay fine.

(2.) THE facts relevant for the purpose of this revision are as under : it is on 30-7-2001, that an accident occurred at about 9. 00 a. m. in the morning within the city limits of Raichur, near Gunj Road. The prosecution claims that on the aforesaid date and time, the revision petitioner was driving the APSRTC bus bearing Registration No. AP 10-Z 1650 in high speed and in a rash and negligent manner so as to endanger human life and dashed Mr. Ranganath, a cyclist, on his hind side, who sustained grievous injuries. P. W. 5 Veeresh shifted the injured to the hospital in an auto. On 1-8-2001 the injured succumbed to the injuries. P. W. 8, the PS, Traffic Police Station, after receiving the information of the accident on phone, went to the Government Hospital and recorded the statement of the injured ranganath as per Ex. P7 and on return to the police Station registered Crime No. 84/2001 for the offence under Ss. 279 and 338, IPC and sent the First Information Report Ex. P8 to the Magistrate. Thereafter, he secured P. W. 2 and C. W. 3-Tirupati, the witnesses and held the spot mahazar as per Ex. P1. He seized the bus and returned the damaged bicycle. He arrested the petitioner and released him on bail. He requested the R. T. O. authorities to ihspect the vehicle and recorded the statement of the witnesses and received the information 6f death of the deceased-Ranganath. Later pw. 9 held the inquest Ex. P2 on the body of the deceased and sent the body for postmortem examination. He seized the clothes of the deceased under the mahazar Ex. P3 and after securing the necessary documents, completed the investigation and filed the chargesheet, against the petitioner before the Magistrate. After the appearance of the accused before the trial Court, charges were framed for the offence under Sections 279, 304-A, I. P. C. and under Section 132 read with Section 187 of the Motor Vehicles Act. The accused pleaded not guilty. The prosecution led the evidence by examining P. Ws. 1 to 9 and in their evidence got marked Exs. P1 to P8 and m. O. 1. On the closure of the evidence by the prosecution, the statement of the accused was recorded under Section 313, Cr. P. C. He has denied the occurrence of the accident. He has not chosen to lead any evidence in his defence. The trial Court heard the Assistant public Prosecutor and the counsel for the accused and convicted the accused for the offence under Sections 279 and 304-A, I. P. C. and ordered to undergo imprisonment and also to pay the fine. Aggrieved by the conviction and sentence, the petitioner approached the session's Court in Criminal Appeal No. 3/ 2003 and after hearing, the appeal was partly allowed, setting aside the conviction for the offence under Section 279,i. P. C. and confirming the conviction and sentence for the offence under Section 304-A, I. P. C. Aggrieved by the confirmation for the offence under Section 304-A, I. P. C. , the petitioner has approached this Court, in revision.

(3.) I have heard Sri Shivakumar Kalloor, learned counsel for the petitioner and Sri A. V. Ramakrishna, learned Additional Government Pleader.