RAHATH ALI Vs. STATE BY SORAB POLICE

JUDGEMENT

(1.) The petitioner has preferred this revision petition under Section 397 read with 401 of the Cr.P.C. against the judgment of conviction and sentence passed by the Civil Judge (Jr.Dn.,) and JMFC, Sorab, in CC No.1021/2003, dated 18.10.2005, which was confirmed by the Sessions Judge, I Fast Track Court, Shivamogga, in Criminal Appeal No.95/2005, dated 20.12.2008.

(2.) The petitioner is the accused and the respondent is the State before the Trial Court. The ranks of the parties are retained for the sake of brevity.

(3.) The factual matrix of the prosecution case is that, on 04.08.2003, the accused being the driver of 407 Mini Lorry bearing No.KA 31 954 drove the said vehicle from Chandragutti-Sorab road near Ankaravalli in a rash and negligent manner, so as to endanger human life and caused the accident by hitting the vehicle to a road side tree on the right side of road and the lorry turtled. Due to which, one Irfan, the Cleaner of the said lorry suffered injury and died on the spot. PW.2-Suresh Gowda and PW.3-Riyaz Ahmed, who were said to be travelling in the said lorry as passengers of the said lorry, have also sustained injuries. They took treatment in the Hospital at Sorab, where the Police obtained the complaint from PW.2 and registered a case and after investigation, the charge sheet came to be filed against the accused.