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2025 Supreme(Kar) 572

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G BASAVARAJA
Moidin Abdul Rahiman, S/o Abdul Rahiman – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SMT.HALEEMA AMEEN, ADVOCATE FOR  SRI. ASHOK KUMAR SHETTY K., ADVOCATE
For the Respondent: SRI.M.V.ANOOP KUMAR, HCGP

ORDER :

G BASAVARAJA, J.

The revision petitioner/accused has challenged the judgment of conviction and order of sentence passed by the II Additional Civil Judge and JMFC, Udupi (hereinafter referred to as 'Trial Court' for short) in CC No.1738/2013 dated 06.12.2017 which is confirmed by the Principal District and Sessions Judge, Udupi (hereinafter referred to as 'Appellate Court' for short) in Crl.A.No.2/2018 dated 14.03.2022.

2. For the sake of convenience, the parties in this revision petition are referred to as per their status and rank before the Trial Court.

3. The brief facts leading to this revision petition is that the SHO, Padubidri Police submitted a charge sheet against the accused for the offence punishable under Sections 279 , 338 and 304(A) of the INDIAN PENAL CODE . It is alleged by the prosecution that on 24.02.2013 at about 1.30 p.m., near Ermal Board School, Ermal Village within the jurisdiction of Padubidre Police Station, the accused being the driver of Maruthi car bearing registration No.MH- 01-AX-5056 drove the same from Udupi towards Mangaluru side on NH-66, in a rash and negligent manner so as to endanger human life and when he reached Ermal Board School, he dro

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