MR KEETHRAJ Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Though this matter is coming up for admission, with the consent of learned counsel appearing for the parties, matter is taken up for final disposal.

(2.) This revision petition is filed being aggrieved by the judgment and order passed by the trial Court in C.C.No.2686/2013 dated 1.4.2015 and confirmed by the first appellate Court in Crl.A.No.120/2015 dated 16.11.2016.

(3.) Brief facts of the prosecution case are that on 28.5.2013 at about 5.15 p.m., accused being the rider of the motorcycle bearing registration No.KA-19-ED- 5911 rode the motorcycle at Mukka in Surathkal village of Mangalore Taluk near Mukka Petrol Bunk on N.H.66 in a rash and negligent manner; C.W.4 was the pillion rider at the time of accident. The accused rode the vehicle on the wrong side of the road and hit against the rider of the scooter bearing registration No.KA-19-Q-754 one Vasanth Sanil coming from opposite side. Due to this accident, scooterist Vasanth Sanil sustained grievous injuries over his head as well as other parts of the body and was shifted to Mukka hospital and he succumbed to the injures. The accused and C.W.4 pillion rider also sustained injuries. He had no valid driving licence and insurance certificate pertaining to motorcycle at the time of accident. After investigation, the Investigating Officer has filed the charge sheet against the accused person for the said offence. Thereafter, prosecution has examined in all 7 witnesses as P.Ws.1 to 7 and got marked documents Exs.P1 to P16. On the side of defence no oral evidence was let in and only Ex.D1 was marked. After considering the oral and documentary evidence placed on record, ultimately, the trial Court has held the accused guilty for the charges leveled against him and convicted him for the said offences and imposed sentence and fine as per the order of the trial Court. Being aggrieved by the judgment and order of conviction passed by the trial Court, the accused preferred appeal before the first appellate Court and the first appellate Court after re- appreciating the materials placed on record dismissed the appeal and confirmed the judgment and order of the trial Court convicting the accused-petitioner. Hence, he is before this Court in this revision petition.