ANNAPOORNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The revision petition is filed by the petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure to set aside the judgment of conviction and sentence dated 30-3-2011 passed by the Metropolitan Magistrate Traffic Court - III, Bengaluru, (hereafter referred to as 'the trial Court'), and confirmed by the Additional Sessions Judge and the Fast Track Court - XIV, Bengaluru, (hereinafter referred to as 'the Sessions Judge') in Criminal Case No.255 of 2011 dated 15-7-2011.

(2.) The ranks of the parties before the trial Court are retained for the sake of brevity.

(3.) The factual matrix of the case of the prosecution in brief is that on 9-4-2006 at about 1:00 p.m., the petitioner-accused was the Driver of the maruthi car, bearing Registration No.KA-02 P-9332, drove the car in a rash and negligent manner and dashed to the motorcycle, bearing Registration No.KA-04 V-9191. Due to which, P.W.1, Sri N. Eshwar, rider of the motorcycle, sustained simple injuries. The pillion rider, Smt. Kusuma Jalisathigi, wife of P.W.1, sustained grievous injuries and later, she succumbed to injuries in the hospital. Police investigated the case and filed charge-sheet against the accused for the offences punishable under Sections 279, 337 and 304A of the Indian Penal Code (for short, 'the I.P.C.') and Section 134(b) read with Section 187 and Section 146 read with Section 196 of the Motor Vehicles Act (for short, the M.V. Act).