LAWS(KAR)-2019-1-443

RAJENDRA Vs. STATE OF KARNATAKA

Decided On January 07, 2019
RAJENDRA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) In this revision petition, the accused/petitioner has challenged the concurrent findings of the courts below, wherein the trial Court convicted him for the offence punishable under sections 279 and 304A of the Indian Penal Code ('IPC' for brevity) and sentenced him to undergo simple imprisonment for a period of 2 months and to pay a fine of Rs. 1,000/-, in default to undergo further simple imprisonment for a period of 15 days for the offence punishable under Section 279 of IPC and for the offence punishable under Section 304A of IPC., he was sentenced to undergo simple imprisonment for a period of 6 months and to pay a fine of Rs. 1,000/-, in default, to undergo further simple imprisonment for a period of 15 days, which judgment and Order of conviction and sentence was confirmed by the appellate Court in Cri.A. No. 111/2010.

(2.) I have heard learned counsel appearing for the petitioner and learned HCGP, representing the respondent/State.

(3.) It is the case of the prosecution that on 05.06.2006 at about 9.00 a.m., the accused/ petitioner being the driver of TATA Indica car bearing reg. No. KA-52/M-4419, drove the same in a rash and negligent manner on Bengaluru-Tumakuru road and near Hirehalli bus-stop, he dashed the said car against one Shivakumar alias Kumar, on account of which, said Shivakumar alias Kumar sustained injuries and subsequently succumbed to the injuries on 24.06.2006 and thereby the accused committed offences punishable under Sections 279 and 304A of IPC.