RAVINDRA ANNAPPA SANADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused-petitioner has assailed the judgment and order of conviction and sentence passed by the trial Court in Criminal Case No.356 of 2008 dated 07.12.2009, which is confirmed by Sessions Court in Criminal Appeal No.182 of 2009 dated 06.12.2010, whereby the conviction and sentence passed by the learned JMFC, Hukkeri, against the accused for the offence punishable under Sections 279 and 337 of the Indian Penal Code (hereinafter referred to as the IPC for brevity) has been confirmed.

(2.) The case of the prosecution is that the accused being the driver of the tempo trax bearing Registration No.KA-25-M-2293, on 30.04.2008 at about 4.00 pm, drove the same in a high speed and in a rash and negligent manner so as to endanger human life, on Hukkeri Sankeshwar road and near Yalimunnoli cross, dashed his vehicle against the bullock cart of PW.1-complainant on its right side, on account of which, the bullock on the right side sustained injuries and died and further the complainant also sustained injuries.

(3.) Before the Trial Court, the accused was tried for the offences punishable under Sections 279, 337 and 429 of the IPC. The prosecution got examined PWs.1 to 9 and got marked Exs.P.1 to 7. The learned Magistrate convicted the accused for the aforesaid offences and passed the sentence as under: