MEDAPPA S/O THIMMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Revision Petition is filed by the accused under Sections 397 read with 401 of the Code of Criminal Procedure calling in question the legality and correctness of the order passed by the District and Sessions Judge at Ramanagaram in Crl.A.3/2008 dated 19.1.2011 whereby the judgment of conviction and sentence passed under Sections 279, 338 and 304(A) of IPC by the Additional JMFC, Ramanagaram in C.C.No.21/2001 dated 1.1.2008 has been confirmed.

(2.) The case of the prosecution in brief is that Ramangaram Rural police had filed a charge sheet in C.C.No.21/2001 against the petitioner and another for the offences punishable under Sections 279, 338 and 304(A) of IPC and under Section 56 read with 177 and Section 66 read with 192(A) of the Motor Vehicles Act, 1988 alleging that on 28.7.2000 at about 9.30 a.m. when the petitioner, being the driver of the bus bearing registration No.KA 06 2332 drove the same in a rash and negligent manner so as to endanger human life, dashed against the tree and thereafter dashed against the house of PW1-Prabhu, due to which CWs 91 to 105 suffered simple injuries, CWs 43 to 90 have suffered grievous injuries and about 8 passengers traveling in the said bus succumbed to the injuries suffered by them; thereby the petitioner has committed the offences referred to above. On the basis of the charge sheet filed as aforesaid, trial was held and accused was convicted for the offences under Sections 279, 338 and 304(A) of IPC. The trial Court passed the sentence of 6 months simple imprisonment with Rs. 500/- fine for the offences under Sections 279 of IPC, one year simple imprisonment with fine of Rs. 500/- under Section 338 of IPC and two years simple imprisonment with Rs. 500/- fine for the offence under Section 304A of IPC and the said sentence shall run concurrently.

(3.) Being aggrieved by the same, petitioner preferred Crl.A.3/2008 before the learned Sessions Judge at Ramanagaram which came to be dismissed. Hence, the Revision Petition.