VEERABHADRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above Revision Petition is directed against the Judgment and order dated 26-8-1988 passed by the Sessions Judge, Raichur, in Criminal Appeal No,36/85, confirming the order dated 31-10-1985 passed by the J.M.F.C. Lingasugur in C.C. No. 297 of 1985.

(2.) The facts of the case in brief are: - That on 16-2-1985 at about 7-45 A.M. the accused drove the lorry bearing No. MYR 6060 on Kavital Anwari Road near Anwari village rashly and negligently and dashed the said vehicle against Mailappa who was riding a bicycle coming from the opposite direction. Further it was alleged he failed to inform the accident to the nearest police station. Therefore, there was a charge sheet for the offence punishable under section 279 and 338 I.P C. read with Section 89B of the Motor Vehicles Act. The learned Magistrate after recording the evidence of the prosecution witnesses, appreciated the evidence of both the sides and heard the arguments. Lastly he passed an order convicting the accused for an offence punishable under Sections 279 and 338 I P.C. and Section 89B of the Indian Motor Vehicles Act, and sentenced him to undergo R.I. for a period of six months and pay a fine of Rs. 250/- for the offence under section 279 I.P.C., and sentenced to suffer R. I. for a period of six months and to pay a fine of Rs. 300/-, for the offence under section 338 I.P.C. and in default to undergo R.I. for one month. Further the petitioner was sentenced to pay a fine of Rs. 50/- for the offence punishable under Section 89B of the Motor Vehicles Act.

(3.) Being aggrieved by the judgment and order of conviction and sentence, the accused filed criminal Appeal No. 36 of 1985 in the Court of the Sessions Judge, Raichur. The learned Sessions Judge, after hearing both the sides dismissed the appeal confirming the order of conviction and sentence. Being aggrieved by both the orders the petitioner filed the above criminal revision petition.