ABDUL WAHEED Vs. STATE

JUDGEMENT

(1.) Though the matter is listed for Admission, but with the consent of both sides, it is taken up for final disposal.

(2.) This revision petition is preferred challenging the judgment and order of conviction dtd. 14/2/2014 passed in C.C.No.2743/2011 confirmed by the judgment and order dtd. 16/4/2015 passed by the IV Addl. District and Sessions Judge, Shimoga in Crl.A.No.52/2014.

(3.) Brief facts of the prosecution case are that on 20/4/2011 in Holehonnur-Channagiri N.H.13 road in front of Shaila Farm at 8.30 a.m., deceased Prashanth and C.W.2 Raghavendra were going in their bike bearing registration No.KA-14-Y-8636 from Holehonnur to Mydolalu village, at that time, a lorry bearing registration No.KA-01-7609 came from Channagiri to Holehonnur in a high speed, in a rash and negligent manner and dashed against the motor bike of deceased Prashanth, as a result, Prashanth and C.W.2 Raghavendra fell down and sustained grievous injuries and Prashanth succumbed to the injures at the spot. C.W.2 Raghavendra sustained grievous injuries over his legs. Thereafter, P.W.1 Bassoji Rao lodged first information before Holehonnur police on the same day at 9.30 a.m. Based on this first information, Holehonnur police have registered the case in Crime No.92/2011. Thereafter, the Investigating Officer filed the charge sheet against the accused for the alleged offences punishable under Ss. 279, 338 and 304(A) of IPC. The trial Court, after considering the oral and documentary evidence placed on record, convicted the appellant-accused for the said offences. Being aggrieved by the judgment and order passed by the trial Court, the revision petitioner herein preferred the appeal before the first appellate Court in Crl.A.No.52/2014. The first appellate Court, also, after re-appreciating the entire materials, dismissed the appeal, confirming the judgment and order of conviction passed by the trial Court. Being aggrieved by the judgments of the Courts below, the revision petitioner- accused is before this Court.