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2023 Supreme(Kar) 882

S. VISHWAJITH SHETTY
Anthony – Appellant
Versus
State – Respondent


Advocates appeared:
Rashmi Jadhav, Advocate, Siji Malayil, Advocate

JUDGMENT/ORDER

1. This criminal revision petition under Sec. 397 read with 401 of Cr.PC is filed by the sole accused challenging the judgment and order of conviction and sentence dtd. 23/8/2010 passed by the Civil Judge (Sr.Dn.) and JMFC, Nagamangala, in C.C.No.177/2010 (Old No.138/2005) and the judgment and order dtd. 21/11/2013 passed by the II Addl. District & Sessions Judge, Mandya, in Crl.A.No.74/2010.

2. Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State.

3. Brief facts of the case as revealed from the records that would be necessary for the purpose of disposal of this petition are, on 25/10/2010 at about 9.20 p.m. between Hanumanakoppalu and Bidarakere gate near Turubanahalli, Nagamangala, the petitioner who was the driver of the goods vehicle bearing registration No.KA-09-4646 allegedly drove the said vehicle in a rash and negligent manner from Bidarakere towards Bindiganavaile and when the vehicle reached near Turubanahalli bridge, he lost control of the vehicle which thereafter turned turtle towards the left side and fell into a ditch and as a result, out of about 23 inmates in the vehicle, 8 of them died on the spot and several othe

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