DATED

21.06.2013

PASSED

BY

THE

PRL.S.J.,

CHIKMAGALUR IN CRL.A.NO.75/2012 AND THE JUDGMENT AND

ORDER OF CONVICTION DATED 09.04.2012 PASSED BY THE

PRL. C.J. AND J.M.F.C., KADUR IN C.C.NO.621/2010 AS NOT

SUSTAINABLE.

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THIS PETITION HAVING BEEN HEARD AND RESERVED

FOR

ORDER

ON

10.01.2023

AND

COMING

ON

FOR

PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE

FOLLOWING:-

ORDER

The petitioner has challenged the judgment dated

09.04.2012 in C.C.No.621/2010 passed by the Principal

Civil Judge and JMFC, Kadur (henceforth referred to as

'Trial Court' for short), by which, he was convicted for the

offences punishable under Sections 279, 337 and 304A of

IPC and was sentenced to pay a fine of Rs.1,000/- for the

offence punishable under Section 279 of IPC, Rs.500/- fine

for the offence punishable under Section 337 of IPC and

simple imprisonment for one year along with fine of

Rs.1,000/- for the offence punishable under Section 304A

of IPC. The petitioner has also challenged the judgment

dated 21.06.2013 passed by the Principal Sessions Judge

at Chikmagalur (henceforth referred to as 'Appellate Court'

for short) in Crl.A.No.75/2012, by which, the judgment of

conviction passed by the Trial Court was upheld.

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2.

The parties shall henceforth be referred to as

they were arraigned before the Trial Court. The petitioner

herein was the accused.

3.

The case of the prosecution was that CW.1

lodged a report on 11.06.2010 at 4:45 p.m., with the

respondent - police station that on 11.06.2010 at 3:45

p.m., he was waiting at the Chikkaballekere bus stop along

with his friends. At that time, CW.3 along with his wife and

child were riding their bike from Chowlahiriyur towards

Kadur and when he was negotiating a curve at the bus

stop at Chikkaballekere, a KSRTC bus bearing registration

No.KA-13-F-1277 driven from Kadur to Chowlahiriyur, in a

rash and negligent manner dashed against the motorcycle

ridden by CW.3. As a result, CW.3, his wife and child fell

down. The front wheel of the bus ran over his wife and she

died at the spot, while CW.3 and his child were caught

below the bus and suffered some injuries. CW.1 further

claimed that the front right wheel of the bus had ran over

the motorcycle ridden by CW.3. Based on this, CW.17

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registered Crime No.80/2010 for the offences punishable

under Sections 279, 337, 304A of IPC and registered a

First Information Report. He conducted the inquest on the

deceased in the presence of CW.10, CW.11, CW.12, CW.13

and CW.14. CW.17 conducted a spot inspection, seized the

vehicles and prepared a sketch of the spot of the accident

and recorded the statements of CW.1 to CW6 and the

witnesses to the spot mahazar (CW.8 and CW.9) and the

inquest panchanama witnesses CW.10 to CW.14. The

vehicles were examined by the Motor Vehicle Inspector

whose statement was recorded as CW.15. A post-mortem

was conducted at the request of the investigating officer

by CW.16, whose statement was also recorded. After

receiving the report of the post-mortem and the IMV

report, CW.18, the investigating officer submitted a

charge-sheet for the offences punishable under Sections

279, 337 and 304A of IPC.

4.

The Trial Court took cognizance of the offences

punishable under Sections 279, 337 and 304A of IPC and it

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issued process to the accused. The accused appeared and

was released on bail. The substance of accusation was

read over to him and he pleaded not guilty and claimed to

be tried.

5.

The prosecution examined the injured eye-

witness as PW.1, the complainant who lodged the

complaint as PW.2, the conductor of the bus was examined

as PW3, who turned hostile, but admitted the accident.

PW.4, PW.6, PW.8 and PW.9 were the eye-witnesses, while

PW.5 and PW.7 were witnesses to the spot mahazar. PW.7

identified three photographs of the accident, which were

marked as Exs.P1 to P3. The Motor Vehicle Inspector was

examined as PW.13, while the doctor, who conducted the

post-mortem and issued the wound certificate of the

injured was examined as PW.12. The