Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VENKATESH NAIK T
R. Ramachandra, S/O. Late Ramaiah – Appellant
Versus
State Of Karnataka, By Malur Police Station – Respondent
| Table of Content |
|---|
| 1. accident due to rash driving leading to death. (Para 4 , 5) |
| 2. accused's arguments against conviction. (Para 6 , 8) |
| 3. limited scope for revisional courts. (Para 10 , 19) |
| 4. criteria for exercising revisional powers. (Para 11 , 12) |
| 5. conviction upheld based on established facts. (Para 24 , 31) |
ORDER :
VENKATESH NAIK T, J.
Heard Sri M.R. Nanjunda Gowda, learned counsel for the petitioner-accused, and Smt. Sowmya R., learned High Court Government Pleader for the respondent-State.
2. The petitioner-accused has filed this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') to set aside the judgment of conviction and order on sentence dated 16-06-2014 passed by the Principal Civil Judge and Judicial Magistrate First Class, Malur, in Criminal Case No.107 of 2013 and confirmed by the II Additional Sessions Judge, Kolar, in Criminal Appeal No.45 of 2014 dated 24-8-2016.
3. For the sake of convenience, the parties are referred to as per their rankings before the trial Court. The petitioner is the accused and the respondent is the complainant-State.
4. The brief facts of the prosecution case are that, on 31-12-2
The scope of revision under Section 397 Cr.P.C. is limited to addressing manifest errors or legal bar against proceedings, emphasizing that revisional courts cannot review evidence as appellate court....
The court affirmed the conviction for negligent driving, emphasizing that revisional jurisdiction should not disturb concurrent findings unless there is a manifest injustice.
The court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
Revisional jurisdiction limited to patent errors or perversity, not reappreciating concurrent findings; high speed in crowded area causing loss of control despite sudden obstacle constitutes driver n....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
