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2008 Supreme(Kar) 346

A.S.PACHHAPURE
Durgappa – Appellant
Versus
State of Karnataka – Respondent


Advocates appearing for:
Petitioner: Sri R.B. Deshpande, Adv.
Respondents:Sri Sanjeev V. Hanchate and Sri Suryanarayana M.B. Sri A.N. Krishnaswamy, Advs.

ORDER

The petitioner has approached this Court challenging his conviction and sentence for the offence under Sections 279, 337, 338 and 427 of IPC on a trial held by the Magistrate, Chitradurga and confirmed in Crl. A.No. 46/2006 by the Sessions Court.

2. The facts relevant for the purpose of this petition are as under :-

It is alleged that on 14.05.2005 at about 4.30 p.m. while the petitioner was driving the bus bearing No. KA-17/F-427 form Chitradurga to Chikkappanahalli, near Madanayakanahalli, the petitioner drove the bus in a rash and negligent manner so as to endanger human life, the bus hit the house of PW-1 situate on the right side of the road and having caused injuries to PWs 1 and 3, the owner of the house and a passenger in the bus.

After the accident, PW-1 approached PW-7, the PSI, Chitradurga Police Station and submitted the complaint Ex.P1, which came to be registered in Cr. No. 85/2005 for the offence punishable under Sections 279, 427, 337 and 338 of IPC and he sent the complaint and the FIR to the Magistrate and thereafter went to the spot and held mahazar Ex.P2 in presence of PW-4 and another. The vehicle was subjected to inspection by PW-6, the Motor Vehicles I















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