R KEMPEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the petitioner under Section 397(1) of Cr.P.C. seeking to set aside the judgment of conviction and sentence dated 25.01.2010 passed by the I Additional Civil Judge (Sr.Dn.,) and CJM, Mysuru, in CC No.992/2005 and confirmed by the II Additional District and Sessions Judge, Mysuru, in Criminal Appeal No.17/2010, dated 29.11.2010.

(2.) The petitioner is the accused before the Trial Court and the respondent is the complainant. 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 Traffic Police, Mysuru, filed the charge sheet against the accused for the offences punishable under Sections 279, 304(A) of IPC and Sections 146 and 196 of the Motor Vehicles Act alleging that on 21.07.2010, at about 8.00 p.m., on Hunsur- Mysuru road, near Valmiki junction at Kukkarehalli village, the accused drove the Maxi Cab bearing No.KA 09 3549 in a rash and negligent manner. As a result of which, a passenger by name Ajay Shetty, who was traveling on the footboard fell down and the said vehicle ran over him, due to which, he sustained grievous injuries and succumbed to the injuries while he was shifted to the hospital by PW.2, the Police Constable. The PW.2 lodged a complaint. Thereafter, a case was registered against the accused and after investigation, Police filed the charge sheet against the accused. When the accused was secured and was represented by a counsel, his plea was recorded. The accused pleaded not guilty and claimed to be tried. The prosecution was called upon to adduce evidence. The prosecution in all examined 6 witnesses and got marked 7 documents. After the closing of evidence of the prosecution, the statement of the accused under Section 313 Cr.P.C. was recorded. The case of the accused was one of total denial, but not entered any defence evidence. After hearing the arguments, the Trial Court found the accused guilty of the offences punishable under Section 279 and 304(A) of IPC and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/- in default, to undergo simple imprisonment for a period of three months for the offence punishable under Section 304(A) of IPC,. However, the accused was acquitted of the offences punishable under Section 146 read with 196 of the Motor Vehicles Act and there is no separate sentence passed against the accused for the offence punishable under Section 279 of IPC.