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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Nanjundegowda, S/o. Javaregowda – Appellant
Versus
State, By Holenarasipura Rural Police, Hassan District, Represented By Public Prosecutor – Respondent
ORDER :
(G. BASAVARAJA, J.)
This revision petitioner has preferred this revision petition against the judgment of conviction and order of sentence passed by the Civil Judge and J.M.FC, Holenarasipura in CC.No.645/2009 dated 18.03.2013, (hereinafter referred to as 'Trial Court' for short ) which is confirmed by the appellate Court in Crl.A.No.74/2013 on the file of II Additional District and Sessions Judge, Hassan dated 07.12.2017 (hereinafter referred to as 'Appellate Court').
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 giving rise to this revision petition are that, the Circle Inspector of Holenarasipura submitted the charge sheet against the accused for the offence punishable under Sections 279 and 304A of INDIAN PENAL CODE , and Section 3 (1)read with 181 and 146 read with 196 of Indian MOTOR VEHICLES ACT (hereinafter referred to as 'IMV' Act for short).
4. It is alleged by the prosecution that on 22.06.2009 at 5.30 p.m., near the Thattekere bus stop of Holenarasipura-Channarayapatna road, the accused rode Hero Honda CD 100 motor cycle bearing registration No.KA-13-K-206
The prosecution must prove negligent conduct beyond reasonable doubt; inconsistencies in eyewitness accounts can lead to acquittal for criminal charges, even if other offenses are upheld.
Prosecution must establish clear evidence of guilt; procedural failures can lead to reversal of convictions.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in evidence justified acquittal in a criminal case.
The main legal point established in the judgment is the reliance on eyewitness testimony and physical evidence to establish guilt under Section 304(A) of I.P.C.
In a negligence case, the prosecution must establish guilt beyond reasonable doubt; mere occurrence of an accident does not suffice to infer negligence.
The revisional court cannot reassess evidence unless a clear injustice is demonstrated; concurrent findings of fact are upheld.
In criminal revisions, courts do not re-evaluate evidence unless glaring injustices or violations warrant it.
The conviction for driving in a rash and negligent manner was upheld, observing that the prosecution sufficiently established guilt beyond a reasonable doubt through eyewitness testimony.
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