SHARANABASAPPA Vs. STATE OF KARNATAKA BY CPI

JUDGEMENT

(1.) This revision petition is filed by the petitioner under Section 397 of Cr.P.C. challenging the judgment of conviction and sentence passed by the Principal Civil Judge and JMFC, Harihara, in CC No.110/2009, dated 29.04.2010, which was confirmed by the II Additional Sessions Judge, Davanagere in Criminal Appeal No.66/2010 vide judgment dated 04.11.2010.

(2.) The ranks of the parties before the Trial Court are retained for the sake of brevity.

(3.) The case of the prosecution is that the CPI, Harihara Circle, filed a chare sheet against the accused herein for the offences punishable under Sections 279, 337, 338 and 304(A) of IPC alleging that on 11.01.2009, at about 2.30 p.m., PW.1-P.Hanumanthappa, the complainant, was driving the Tractor-Trailer bearing Regn.No.KA 17 T 7902/ KA 17 TA 6864. While he was passing near Byaladahalli on Harihara-Shivamogga road, due to exhaust in diesel, he parked the said tractor-trailer by the side of the road and went with a can to take a vehicle to bring diesel. At that time, the accused, who said to be the driver of the Lorry bearing Regn. No. KA 25/B 8813, drove the lorry in a rash and negligent manner and hit behind the stationed tractortrailer. Due to which, one Suresh, who was standing by the side of the tractor-trailer sustained grievous injuries and another person Sridhar, who is said to be the Cleaner also sustained injuries and were taken to Harihara Hospital and later, the said Suresh was shifted to C.G. Hospital, Davanagere, where he succumbed to the injuries. Subsequently, the Police after obtaining the complaint from PW.1-complainant, registered a case and after completion of investigation, the charge sheet was filed. The accused appeared before the Court and pleaded not guilty. Hence, the prosecution was called upon to lead evidence. The prosecution examined in all 11 witnesses and got marked 8 documents and during crossexamination of PW.6, Ex.D.1 got marked. Thereafter, the statement of the accused under Section 313 of Cr.P.C was recorded. The case of the accused was one of a total denial, but no rebuttal evidence was let in. After hearing the arguments of learned counsel on both sides, the Trial court found the accused guilty of the offences punishable under Sections 279 and 304(A) of IPC. However, there was no order in respect of the offences punishable under Sections 337 and 338 of IPC. The Trial Court, by its judgment dated 29.04.2010, convicted the accused and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of two months for the offence punishable under Section 304(A) of IPC; and imposed a fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of two months for the offence punishable under Section 279 of IPC.