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2014 Supreme(Kar) 759

K.N.PHANEENDRA
State by Police Inspector of South Traffic Police Station, Rep. by Addl. SPP – Appellant
Versus
S. Manoharan – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Sri V.M. Banakar, Addl. SPP
For Respondents/Defendant: Sri Bahubali N. Kanbargi, Amicus Curiae

Judgment

K.N. Phaneendra, J.

1. The State by Police Inspector of South Traffic Police Station, Hubli, laid a charge sheet against the respondent/accused (hereafter referred to as the 'accused') for the offence punishable under Sections 279, 337 and 304-A of IPC and also for the offence punishable under Section 134 read with Section 187 of the Motor Vehicles Act. The brief facts that emanate from the charge sheet papers are that:

On 26.8.2005 at about 8.30 a.m., on Hubli Dharwad by-pass road, near Bridge No. 406/3 in Nekarnagar, Hubli, the accused being the driver of the Goods Truck bearing Registration No. KA-01/AB-4559 drove the vehicle in a rash and negligent manner so as to endanger the human life and while overtaking the other vehicles, dashed against the Tata Sumo vehicle bearing Registration No. KA-05/B-3367 which was coming from the opposite direction. Due to the accident, the driver of the Tata Sumo vehicle and one Naveen an inmate of the Tata Sumo vehicle succumbed to the injuries and CWs. 1, 8, 9, 12 and 13 sustained simple injuries. It is alleged that the accused, immediately after the accident ran away from the spot. During the course of the trial, the accused was pleaded




















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