SEENAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Revision petition is directed against the judgment and order dated 7-7-1988 passed by the learned Sessions Judge, Mandya, in Criminal Appeal No. 30 of 1987 confirming the conviction with certain alterations in the sentence passed by the Munsiff and J.M.F.C., K. R. Pet, dated 23-6-1987 in C.C. No. 507 of 1985.

(2.) The facts of the case in brief are that K R Pet police charge-sheeted the petitioner accused for an offence under sections 279, 337, 338 and 304A I.P.C. On 30-1-1985 the accused was driving the bus MEF 5694 on Mysore-Channarayapatna Road. The bus was coming from Channarayapatna side. A van bearing No. MYN 4756 driven by Abdul Basid was coming from K.R. Pet side. The two vehicles came near Gandhinagar of K.R, pet at 11.45 A.M. There was a collision between the two vehicles which resulted in death of the van driver Syed Abdul Basid and many persons who were travelling in the van sustained grievous and simple injuries. Heavy damages were caused to the van. It is alleged that the accident was due to rash and negligent driving on the part of the petitioner-accused in driving the KSRTC Bus. Later police got information about the accident. The Sub-Inspector, according to the prosecution, went to the Hospital where PW-21 was undergoing treatment. He recorded a statement as per Ex.P. 21 and treated it as F.I.R, and registered the case. Then he and his staff visited the spot, spot Mahazar was prepared, inquest Mahazar was also prepared, number of witnesses are also examined during the course of investigation and after compelling investigation charge sheet was filed against the petitioner for the offence mentioned above.

(3.) The defence of the accused was that he was not responsible for the accident in question. No specific defence was put at that time by the accused. After the trial the learned Magistrate, after hearing the arguments of both sides convicted the accused for the offence under Section 279 I.P.C. and sentenced him to undergo R.I. for six months; for the offence under Section 337 I.P.C. and sentenced him to undergo R.I. for six months; for the offence under Section 338 I.P.C. and sentenced him to undergo R.I. for one year; and for the offence under Section 304A I.P.C. and sentenced him to undergo R.I. for two years. He further ordered that all the sentences were to run concurrently.