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2018 Supreme(Kar) 1229

K.SOMASHEKAR
Shivakumar @ Nataraj S/o Siddalingaiah – Appellant
Versus
State of Karnataka by Kollegala Town Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Y.S. Shiva Prasad.
For the Respondent: Sri. S.T. Naik.

ORDER :

1. This Criminal Revision Petition has been preferred by the petitioner/accused under Section 397 (ii) Cr.P.C. praying to set aside the impugned order dated 16.01.2010 passed by the Civil Judge (Sr. Dn) and JMFC, Kollegal in C.C. No. 36/2009 and confirmed by the order dated 12.07.2011 passed by the District & Sessions Judge, Chamarajanagara, in Crl. A. No. 2/2010 and thereby acquit the petitioner. By the judgment of the Trial Court, the accused was convicted for an offence under Sections 279, 337 and 304A IPC and was sentenced to undergo three months simple imprisonment and to pay a fine of Rs. 1,000/- for the offence under Section 279 IPC, to pay a fine of Rs. 500/- for the offence under Section 337 IPC and to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000/- for the offence under Section 304 A IPC, along with default clauses.

2. Heard the learned counsel for the petitioner – accused and the learned HCGP for the respondent.

3. The factual matrix of this petition is as under:

    On 08.03.2006 at about 6.00 p.m. in Kollegal Town, the complainant by name C. Shivaiah was traveling as a pillion rider in a Pulsar motorcycle bearing No. KA-10/H- 6282, which was

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