JYOTIBA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is directed against the judgment passed by the first appellate Court in Crl.A.No.50/2010 dated 31.03.2011 wherein the appeal was dismissed and confirmed the judgment of conviction and order of sentence passed by the trial Court in C.C.No.197/2009 dated 14.06.2010 wherein sentenced the accused to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 1, 000/- for the offence punishable under Section 279 of IPC. The accused shall further undergo simple imprisonment for a period of three months for the offence punishable under Section 338 of IPC and to pay a fine of Rs. 1, 000/-. In default, in both offences, the accused shall further undergo simple imprisonment for a period of 10 days in addition to sentence to pay fine of Rs. 500/- for the offence punishable under Section 187 of MV Act, in default, to undergo simple imprisonment for five days.

(2.) Factual matrix of the revision petition are as under:

(3.) Subsequent to recording the plea of the accused, the prosecution, in all, examined PWs-1 to 8. Material documents as Exs.P-1 to P-21 have got marked. No material objects have got marked on the part of the prosecution. Subsequently recording incriminating statement as contemplated under section 313 of Cr.P.C., 1973 the accused did come forward to adduce any defence evidence as contemplated under section 233 of Cr.P.C., 1973 Subsequently, trial Court appreciated the evidence on record insofar as the accusation made in the complaint at Ex.P-10. As this complaint was filed by PW-8 being an injured in the alleged accident has stated in his evidence that the driver of the auto was in high speed and due to rash and negligent driving of the offending auto rickshaw, the same was turtled. As a result of which, that the injured were suffered with fractures.