NAGENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is preferred by the revision petitioner-accused challenging the legality and correctness of the judgment and order, dated 30.10.2006 passed by the Civil Judge (Jr. Dn.) and Additional JMFC, Bhadravathi in C.C. No.3655/2003 and also the judgment and order, dated 18.01.2010 passed by the Fast Track and Additional MACT (11), Bhadravathi, in Cri. Appeal No.113/2006.

(2.) Charge sheet was filed against the revision petitioner for the offences punishable under Sections 279, 337, 304-A read with Sec. 34 of IPC. In proof of its case, the prosecution, in all has examined 11 witnesses and got marked the documents at Exs.P.1 to P.7(a). On the side of the defence, no witness was examined or any documents were produced. After perusing the materials, both oral and documentary, ultimately, the trial Court held that the revision petitioner-accused is guilty of the said offences and accordingly, convicted the revision petitioner. Being aggrieved by the judgment and order of conviction passed by the trial Court, the revision petitioner preferred an appeal and the first appellate Court also after considering the materials placed before it, has dismissed the appeal and confirmed the judgment and order of conviction passed by the trial Court. Being aggrieved by the judgment and orders of the Courts below, the revision petitioner is before this Court in this revision petition.

(3.) Brief facts of the prosecution case made out before the trial Court are that the revision petitioner-accused being the driver of the car bearing No.KA-5-N- 2945 drove the same on 17.5.2003 at about 9 a.m. on N.H. 206 towards Tarikere in very rash and negligent manner, and dashed the same to the bicycle drove by Mahesh Kumar, the pillion rider of which was Yogesh, and the car dashed to the back portion of the bicycle and caused the accident near Karehalli village. Due to the accident, both the bicycle riders fell down and there was serious injury sustained to Yogesh, and Mahesh Kumar sustained simple injuries on the various parts of his body. Immediately, Mahesh Kumar and Yogesh were shifted to different hospitals. But while taking Yogesh towards Mc.Gann Hospital, he succumbed to the injuries. Accordingly, the case came to be registered against the revision petitioner-accused.