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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
H.R. Ramesh, Son of Sri Raju – Appellant
Versus
State of Karnataka, Represented By Madikeri Circle Police Inspector, Madikeri Rural Circle, Represented By The State Public Prosecutor, High Court of Karnataka – Respondent
ORDER :
(G. BASAVARAJA, J.)
Accused has preferred this Revision Petition against the judgment of conviction and order on sentence passed in C.C.No.118/2011 dated 27.10.2012 by the Court of the Senior Civil Judge & CJM, Kodagu Madikeri (hereinafter referred to as 'Trial Court' for short) which is confirmed by the Prl.Sessions Judge, Kodagu at Madikeri in Criminal Appeal No.66/2012 dated 27.03.2018 (hereinafter referred to as 'Appellate Court' for short).
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 are that the Sub Inspector, Rural Circle, Madikeri submitted the charge sheet for the offence punishable under Sections 279 , 337 , 338 and 304A of INDIAN PENAL CODE . It is alleged that on 03.10.2011 at 7.00 p.m., near the gate of Government First Grade College at Napoklu Town, the accused was driving Eicher Mini Lorry bearing registration No.KA-12-A-1397 in a rash and negligent manner and dashed against motor cycle bearing registration No.KA-12-J-6257. As a result of the accident, Ajjettira Sanjay died and CW.12 P. Roshan Kariyappa sustained inju
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The prosecution must prove guilt beyond a reasonable doubt; assumptions cannot replace evidence in criminal convictions.
Prosecution must establish clear evidence of guilt; procedural failures can lead to reversal of convictions.
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.
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 court upheld the conviction for negligent driving, affirming the necessity of adequate punishment proportional to the crime's gravity.
The main legal point established is the duty of care expected from drivers, the distinction between rashness and negligence, and the burden of proof on the prosecution to establish the allegations be....
The court confirmed the conviction for causing death by negligence under Section 304-A IPC, emphasizing the driver's duty of care and reducing the sentence from six to three months based on mitigatin....
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