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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD BENCH

DATED THIS THE 23^RD DAY OF JUNE, 2023

BEFORE

THE HON’BLE MR. JUSTICE RAMACHANDRA D.HUDDAR

CRIMINAL REVISION PETITION No.100038/2015

BETWEEN:

SHANKARAGOWDA RAMANAGOWDA PATIL

AGE 34 YEATS, OCC: AGRICULTURE

R/O. BALBATTI, TQ. MUDDEBIHAL,

DIST. BAGALKOT.

… PETITIONER

(BY SRI. MISS RANJITHA REDDY AND

SRI. B.V.SOMAPPA., ADVOCATES)

AND:

THE SATE OF KARNATAKA

REPRESENTED BY STATE PUBLIC PROSECUTOR,

DHARWAD BENCH,

HIGH COURT OF KARNATAKA.

… RESPONDENT

(BY SRI. RAMESH CHIGARI., HCGP)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 OF CR.P.C., PRAYING TO SET ASIDE THE

JUDGMENT AND ORDER PASSED BY THE LEARNED PRINCIPAL

DISTRICT AND SESSIONS JUDGE, GADAG IN CRL APPEAL NO.

17/2014 DATED 01.01.2015 AND THE JUDGMENT AND ORDER

PASSED BY LEARNED PRINCIPAL CIVIL JUDGE AND JMFC RON

IN C.C.NO. 241/2013 DATED 09.05.2014 MAY PLEASE BE SET

ASIDE AND THE PETITIONER MAY PLEASE BE ACQUITTED BY

ALLOWING THIS REVISION PETITION, IN THE INTEREST OF

JUSTICE.

YASHAVANT

NARAYANKAR

Digitally

signed by

YASHAVANT

NARAYANKAR

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THIS CRL.RP COMING ON FOR HEARING AFTER HAVING

HEARD THE MATTER, RESERVED FOR JUDGMENT, THIS DAY

THE COURT PRONOUNCED THE FOLLOWING:

O R D E R

The revision petitioner has filed this revision petition

under Sec.397 of Cr.PC being aggrieved by the judgments

passed by Court of Prl. District and Sessions Judge, Gadag,

in Crl.Appeal No.17/2014 dated 01.01.2015 and the

judgment and order of conviction and sentence passed by

the learned Prl.Civil Judge, & JMFC in CC No. 241/2013

Dated 9.5.2014 convicting him and sentencing him under

Sections 279 and 304 (A) of IPC and Sec.187 of MV Act.

2. Parties to this revision petition are referred to as

per their rank before the trial Court for the purpose of

convenience.

3. Facts leading up to this revision are as under:

That, a complaint came to be filed by the

complainant against the accused alleging that he being the

driver of Tipper Lorry bearing Regn.No.KA-29-A-6085 on

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31.5.2013 drove the said lorry on Abbigere - Naregal Road

in a rash and negligent manner endangering human life

and near Kanti Basaveshwar Temple dashed against

Basappa Barker when he was going on the side of the road

on his cycle and because of his impact, he sustained

grievous injuries and died on the way to Hospital. It is

alleged that, the accused has failed to provide necessary

medical assistance to the injured.

4. With these allegations, a complaint came to be

filed before Naregal Police Station in Crime No.47/2013.

During

the

investigation,

the

investigation

officer

conducted the investigation and after completion of the

investigation, filed charge sheet.

5. After filing charge sheet, cognizance of the offence

was taken. Presence of the accused secured. He was

enlarged on bail. Copies of the police papers furnished to

the accused as contemplated under Sec.207 of Cr.PC. The

learned

trial

Magistrate

recorded

the

substance

of

accusation for the offences under Sec.279, 304A of IPC

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and Sec.183 of IMV Act for which, accused pleaded not

guilty and claimed to be tried.

6. To prove the guilt of the accused, prosecution

examined in all 12 witnesses from PWS. 1 to 12 got

marked Ex.P1 to 11 and closed prosecution evidence.

Thereafter, accused was questioned under Sec.313 of

Cr.PC so as to enable him to answer the incriminating

circumstances

appearing

in

the

evidence

of

the

prosecution. He denied his complicity in the crime and did

not choose to lead any defense evidence on his behalf.

7. The learned trial Magistrate having heard the

arguments found the accused guilty by passing the

impugned judgment and sentenced him as under:

"Acting U/s.255 (2) of Cr.P.C the accused is

hereby

convicted

for

the

offences

punishable

U/sec.279 and 304(A) of IPC and 134 (a) and (b)

r/w/s.187 of IMV Act.

The accused is sentenced to pay a fine of

Rs.1000/-

or

in