BALASAHEB MAHADEV BHIVATE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the accused challenging the judgment and order of conviction and sentence passed in C.C. No.1348/2007 dated 21.03.2009 on the file of J.M.F.C. II Court, Belgaum, wherein the learned J.M.F.C. convicted him for the offences punishable under Sections 279 and 304A of I.P.C. and sentenced him to undergo simple imprisonment for a period of two months and to pay f ine of Rs.500/- in default of payment of fine, to undergo simple imprisonment for a period of ten days for the offence punishable under Section 279 of I.P.C. Further, for the offence punishable under Section 304A of I.P.C. the accused was sentenced to undergo six months simple imprisonment and to pay fine of Rs.2,000/- in default of payment of fine, to undergo simple imprisonment for a period of two months.

(2.) In Criminal Appeal No.38/2009 preferred by the accused, the learned Sessions Judge though acquitted the accused of the of fence punishable under Section 279 of I.P.C., however, confirmed the conviction and sentence passed by the trial Court for the offence punishable under Section 304A of I.P.C.

(3.) The case of the prosecution in brief is that, on 17.04.2007 at about 1.30 a.m., in the premises of Indalc factory, the accused being the driver of goods truck bearing Reg. No.MH-04/AL- 6614 while unloading bauxite, drove it in a rash and negligent manner in a reverse direction due to which the deceased, namely Uday Singh Baburao patil who was closing the back door of the body of another lorry bearing Reg. No.MH-04/H-3915 was caught in between and crushed between the two vehicles. In view of the said accident, the victim, namely Uday Singh Baburao Patil sustained grievous injuries and succumbed to the injuries.