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1992 Supreme(Kar) 47

STATE OF KARNATAKA – Appellant
Versus
THIMMANAIKA – Respondent


Advocates:
D.L.JAGADISH, T.S.MOHAMAD ALI

HIREMATH, J.

( 1 ) THE accused-respondent was charge sheeted before the Court of Judicial Magistrate First Class, Srirangapatna under Sections 279, 337 and 304a I. P. C. It was alleged against him that on 13-2-1987 at about 6. 30 AM on Mysore-K. R. Sagar road, he was driving the lorry bearing No. CMS 4617 in a rash and negligent manner and hit a bullock cart coming on the left side of the road and as a result the cart was completely damaged, two bullocks which were drawing the card died due to the injuries sustained by them, two other bullocks which were tied behind were also injured and one B. K. Ramegowda who was also badly injured died later in K. R. Hospital, Mysore. Thus this was a case involving more offences than one from rash and negligent driving of the vehicle. After the accused was released on bail and case set down for hearing the proceedings show that the case which was to be taken in its usual course on 18-1-1988 was advanced to 5-1-1988 on the request made by the accused-respondent himself by filing an application to the Court on the same day, i. e. , on 5-1-1988. He stated therein that in Mandya Accident Claims Tribunal Rs 45,000/- were awarded as compensation again







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