K. MALLIKARJUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment rendered by the lower Appellate Court in Crl.A.No.16/2011 dated 28.07.2011 partly allowing the appeal and confirming the judgment of conviction and order of sentence rendered by the Court of JMFC (II Court) at Mysore in C.C.No.391/2008 dated 20.01.2011 for the offence punishable under Sections 279 and 304(A) of IPC.

(2.) The factual matrix of this petition is that on 24.1.2008 at about 7.45 p.m. near Doddakere situated on the main road between Mysore - Udbur near Udbur village, the accused being the driver of goods autorickshaw bearing Regn.No.KA-55-171 drove the said autorickshaw in a rash and negligent manner from Mysore side towards Udbur side and dashed against the motorbike bearing Regn.No.KA-09-EL-6934. As a result of the said impact, the rider of the Motorbike - Chikkanna sustained head injury and succumbed to the injury while shifting to hospital for treatment.

(3.) Subsequent to the incident, by recording an FIR, the IO after thorough investigation filed charge sheet against accused. Thereafter, the trial Court took cognizance for the offence punishable under Sections 279 and 304(A) of IPC and issued summons to the accused. After receipt of summons, accused appeared before the trial Court and charges was read over to him, but he did not plead guilty and claimed to be tried.