LAWS(KAR)-2018-12-209

CHAND BASHA Vs. STATE OF KARNATAKA

Decided On December 13, 2018
CHAND BASHA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The accused/petitioner has preferred this revision petition chal lenging the correctness and legality of the concurrent findings recorded by the Courts below, whereby the Court of Chief Judicial Magistrate, Bellary by judgment and order dated 26.04.2008 in Criminal Case No.165 of 2007 convicted him for the offences punishable under Sections 279, 337 and 304A of IPC, which was confirmed in Criminal Appeal No.91 of 2008 dated 27.01.2011 by the Court of II Additional Sessions Judge, Bellary.

(2.) The case of the prosecution is that, on 17.11.2006 at about 5.40 a.m. the complainant i.e., PW-1 was proceeding to attend the tuition class on his Motor Cycle bearing No.KA-34/R-970. Near Lakshmi Bakery, his friend Amit met him and at his request he took him as a pillion rider and when they were thus proceeding by the side of KSRTC bus depot near Anjineya Temple, at that time, the KSRTC bus driven by the accused came in a high speed from backside and even though PW-1 took his two wheeler towards left side of the road, the bus driver without reducing the speed of the bus dashed against the motor cycle. On account of which the pillionrider-Amit fell on the road and PW-1 proceeded further and fell on the right side of the road. The bus ran over on the head of Amit as a result of which he succumbed to the injuries on the spot. Thereby the accused committed of fences punishable under Sections 279, 337 and 304A of IPC.

(3.) The accused pleaded not guilty to the accusation made against him. Trial was held, wherein, the prosecution examined PW-1 to PW-8 and got marked Ex.P-1 to Ex.P-11 to substantiate the accusation made against the accused/ petitioner.