ACHUTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein filed this revision petition under Section 397 of the Code of Criminal Procedure being aggrieved by the judgment of conviction and order of sentence dated 7-3-2009 passed by the J.M.F.C. (III Court), Mangalore, in Criminal Case No.4788 of 2008 and confirmed by the I Additional Sessions Judge, Dakshina Kannada, Mangalore, in Criminal Appeal No.160 of 2009 dated 3-1-2011.

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

(3.) The factual matrix of the case of the prosecution in brief is that on 1-11-2008 at about 4:30 p.m., the petitioner/accused being Driver of the lorry, bearing Registration No.KA 19 5538, drove the lorry in a rash and negligent manner from Panambur Service Station to N.H.17 and has taken the lorry to the opposite side of the one way road, after filling the diesel in the service station and dashed against the motorcycle, bearing Registration No.KA 19 X 8318, which came from Baikampady towards Mangalore. Due to which, the rider of the motorcycle, Prasad, went under the wheels and sustained injuries. Later, he succumbed to injuries while shifting to the hospital. After receipt of a complaint, the Police registered the case and issued F.I.R. and after investigation, charge-sheet came to be filed. Accused pleaded not guilty and claimed to be tried. Prosecution has examined six witnesses as P.Ws.1 to 6 and got marked nineteen documents as Exs.P.1 to 19. After completion of the evidence, the statement of accused under Section 313 of the Code of Criminal Procedure has been recorded, where he denied all the incriminating circumstances, but not entered into any defence.