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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Esha @ Jagadeesh S/o Basavaraja – Appellant
Versus
State by Dandinashivara Police Station – Respondent
ORDER :
1. Accused is before this court in this Criminal Revision Petition under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of Civil Judge & JMFC, Turuvekere in C.C.No.332 of 2009 dated 19.06.2014 and the judgment and order dated 08.11.2016 passed in Criminal Appeal No.10012/2014 by the Court of V Addl. District and Sessions Judge, Tiptur.
2. Heard the learned counsel for the parties.
3. Petitioner herein was charge sheeted for the offences punishable under Sections 279, 304A of IPC & Section 134(A) and (B) of the Motor Vehicles Act, 1988 in C.C.No.332 of 2009. It is the case of the prosecution that on 28.02.2009, at about 8.30 p.m. when PW.1 and 2 were standing near Harikaranahalli gate, the tractor bearing registration No.KA-06-T-7190 which came from Turuvekere side, dashed against the two wheeler bearing registration No.KA-44-H-4295, in which deceased Sannarangegowda S/o Nanjundegowda, was riding and as a result, Sannarangegowda, who had suffered grievous injuries in the accident in question, had succumbed to the same subsequently when he was being shifted to NIMHANS Hospital, Bengaluru at
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.
Accusation of negligence requires proof of rash and negligent driving; high speed alone does not establish guilt in criminal law.
Conviction for causing death due to negligence was overturned due to unreliable eyewitness accounts and failure to properly admit key evidentiary documents.
Conviction set aside - Prosecution has not been able to prove the case against the petitioner beyond shadow of all reasonable doubts, as they have not been able to produce any evidence that the petit....
The prosecution must prove negligence and establish a direct nexus between the accused's actions and the alleged offense.
Rash driving or riding on a public way – There is no such statutory exception pleaded in the present case. In absence of any material on record, no presumption of "rashness" or "negligence" could be ....
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