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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Devaraju, S/o. Rajappa – Appellant
Versus
State By Channarayapatna Rural Police, Channarayapatna, Rep. By SPP – Respondent
ORDER :
S. VISHWAJITH SHETTY, J.
1. Accused is before this Court in this criminal revision petition filed under Section 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order of conviction and sentence dated 10.11.2016 passed by the Court of Addl. Civil Judge & JMFC, Channarayapatna, in CC.No.1457/2013, and the judgment and order dated 27.06.2017 passed in Crl.A.No.229/2016 by the Court of IV Addl. District & Sessions Judge, Hassan District, sitting at Channarayapatna.
2. Heard the learned Counsel for the petitioner and the learned HCGP for the respondent.
3. Petitioner herein was charge-sheeted for the offences punishable under Sections 279, 338, 304A of IPC in CC.No.1457/2013.
4. It is the case of the prosecution that on 16.02.2013 at about 1.30 p.m., when PW-2 was riding his motor cycle bearing registration No.KA-13-S-8947 on NH-48 from Channarayapatna towards Hassan, the lorry bearing registration No.KA-41-721 which was driven by the petitioner in a rash and negligent manner had dashed against the motor bike of PW-2 from its hind portion and had caused the road traffic accident in which PW-2 had sustained injuries and his wife - Lakshmamma who had sustained gri
Accusation of negligence requires proof of rash and negligent driving; high speed alone does not establish guilt in criminal law.
The prosecution must conclusively prove rashness or negligence to establish criminal liability for driving offences; mere claims of high speed are insufficient without supporting evidence.
Insufficient evidence and lack of investigation into the circumstances of the accident led to the acquittal of the accused of the charges of rash and negligent driving.
Evidence given by a witness in a previous judicial proceeding or in a later stage of the same judicial proceeding, when the witness is dead, is relevant for the purpose of proving the matter, provide....
Conviction for traffic offences requires clear evidence of rashness, not merely high-speed driving; evidence of contributory negligence undermines charges under IPC.
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