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H. P. SANDESH
C. Nagaraja – Appellant
Versus
State – Respondent
JUDGMENT
H.P. Sandesh, J. - This Criminal Revision Petition is filed to set aside the order dated 15.10.2011 passed by the Civil Judge and JMFC, Holenarasipura in C.C. No. 786/2008 and the order dated 03.11.2012 passed by the Additional Sessions and FTC-II, Hassan in Criminal Appeal No. 126/2011 and consequently acquit the petitioner.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State.
3. The factual matrix of the case of the prosecution is that on 25.08.2008 at 10.15 a.m. near K.P.T.C.L. Power Substation in Marashetty Hally-Agrahara gate road, the petitioner-accused being a driver of auto rickshaw bearing No. KA-18-8550 drove the auto rickshaw in a rash and negligent manner from Marashetty Hally towards Agrahara gate and dashed against one M.M. Thanuja, who was walking on the side of the road to the school. As a result, she succumbed to the injuries at the spot. Based on the complaint of C.W. 1, the police have registered the case, investigated the matter and filed the charge-sheet for the offences punishable under Sections 279 and 304A of IPC and accused was secured before the Trial Court and he did not plead guilty.
4. The pro
The main legal point established in the judgment is the reliance on consistent and corroborative evidence of eye witnesses to prove the charges of rash and negligent driving, and the application of s....
The main legal point established in the judgment is the reliance on credible eyewitness and owner testimony to establish guilt in a case of rash and negligent driving resulting in fatalities.
The main legal point established is the reliance on consistent witness testimony and documentary evidence to establish the accused's involvement in the offence, leading to the Court's decision to uph....
A conviction under criminal law requires proof beyond a reasonable doubt, which was lacking in this case, leading to the acquittal of the accused.
The main legal point established in the judgment is that driving in a rash and negligent manner, resulting in injuries and death, constitutes offences under Sections 279, 337, 338, and 304A of IPC. T....
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