SADASHIV Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is directed against the concurrent findings of the Courts below holding the petitioner (hereinafter referred to as "the accused" ) guilty of the offence punishable under Section 287 of IPC.

(2.) The charge sheet was laid against the accused alleging the commission of the offences punishable under Sections 279, 287 and 304(A) of IPC. It was alleged that, on 08.11.2008 at about 10.30 p.m. the accused being the driver of the Tractor-Trailer bearing No. KA-33/T-2935 and KA-48/T-2942/2943 had parked the said vehicle on the middle of the road without taking any safety measures. As a result, the deceased who was riding the motorcycle bearing Reg.No.KA-29/H-6960 dashed against the said Tractor-Trailer unit. On account of the accident, the deceased succumbed to the injuries on the spot.

(3.) The accused was prosecuted only on the charges under Sections 287 and 304(A) of IPC and the charge under Section 279 was dropped. After trial, the learned Magistrate acquitted the accused of the charge under Section 304(A) of IPC, however, found him guilty of the offence punishable under Section 287 of IPC. Consequently, sentenced him to undergo simple imprisonment for three months with a fine of Rs. 1,000/-. The appeal preferred by the accused against the said order of conviction came to be dismissed by order dated 29.11.2010 in Criminal Appeal No. 4/2010.