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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Syed Nasir, S/o. Syed Shafi – Appellant
Versus
State Of Karnataka By Gownipalli Police, Kolar District Represented By State Public Prosecutor High Court Of Karnataka – Respondent
ORDER :
V. SRISHANANDA, J.
Heard Sri Naushad Pasha, learned counsel for the revision petitioner and learned High Court Government Pleader for respondent/State.
2. Accused who suffered an order of conviction in C.C.No.340/2009, on the file of Principal Civil Judge and JMFC., Srinivaspur, confirmed in Crl.A.No.35/2012, on the file of Principal District and Sessions Judge, Kolar, has preferred the present revision petition.
3. Facts in brief which are utmost necessary for disposal of the revision petition are as under:
A complaint came to be lodged stating that on 03.10.2009 at about 7.45 a.m., at Bayyappalli cross, revision petitioner being the driver of the bus bearing No.KA01-A-7285, drove the same from Addagal to Gownipalli in a rash and negligent manner and dashed against the motorcycle bearing No.KA07-K-1411, whereby the rider of the motorcycle namely; Sudhakara Reddy, sustained fatal injuries and succumbed to the injuries on the next day in the hospital.
4. Police registered the case under Section 279 and 304-A IPC against the driver of the bus and conducted a detailed investigation and filed charge sheet.
5. Accused was summoned before the Court after taking cognizance and plea was r
The court upheld the conviction for negligent driving leading to death, affirming the legal principle that the accused must explain incriminating circumstances, failure to do so supports conviction.
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.
The main legal point established in the judgment is the court's reliance on the evidence presented by prosecution witnesses to uphold the conviction of the petitioner for rash and negligent driving u....
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....
The central legal point established in the judgment is that to prove the offense under Section 304A of IPC, the prosecution must demonstrate rash and negligent driving, and mere speed cannot be equat....
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