S H MANJANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of revision petitioner's counsel and learned HCGP for respondent State.

(2.) The factual matrix of the case is that, the petitioner herein is the driver of the KSRTC and a charge sheet has been laid against him for the of fence punishable under sections 279, 337, 338 and 304A of IPC making an al legation that he drove the bus in a rash a negligent manner and dashed against the tanker, as a result the driver of the tanker died and subsequently another occupant of the tanker also died and the complainant has sustained injury. The prosecution in order to prove the case, examined the witnesses PWs.1 to 11 and relied upon Exs.P.1 to P.34. The portion of statement of PW.9 is also confronted and marked as Ex.D.1. The prosecution relied upon M.O.1 glass pieces. The Court below after considering both oral and documentary evidence, convicted the accused for the of fence punishable under sections 279, 337, 338 and 304A of IPC and sentenced to pay a total find of '5,500/- and the maximum imprisonment is one year i .e., for section 304A of IPC.

(3.) Being aggrieved by the judgment of conviction, the revision petitioner herein has preferred an appeal in Crl.A.No.151/2008 and the lower appellate Court confirmed the judgment of conviction. However reduced the fine to '4,500/- and also reduced the punishment of imprisonment to six months. Being aggrieved by the judgment of conviction and confirmation, the present revision petition is filed before this Court.