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2024 Supreme(Online)(KAR) 9524

HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ, J
SRI M K NARASIMHAIAH @ NARASIMHAN – Appellant
Versus
STATE BY PEENYA TRAFFIC POLICE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. RAGHAVENDRA K.
For the Respondents: SRI. RAJATH SUBRAMANYA

Table of Content
1. details of the accident and initial convictions. (Para 1 , 2 , 4)
2. evidence and witnesses' testimonies regarding culpability. (Para 6 , 7 , 10 , 11 , 12)
3. arguments about negligence and the defense's claims. (Para 8 , 9)
4. court's final judgment and rationale. (Para 21)
5. modification of sentencing considering circumstances. (Para 22 , 23 , 24)

JUDGMENT

2. Vide impugned judgment , the learned Sessions Judge has convicted the appellant/accused No.1 for the offence punishable under Section 279 , 337, 338 and 304(A) of IPC and acquitted accused No.2 of the offence punishable under Section 304 of IPC.

4. It is the case of prosecution that on 12.05.2010 at about 10.30 p.m., appellant/accused No.1 being the driver of a lorry bearing Registration No.KA-01-A-2169 drove the said lorry loaded with iron plates projecting 5 ft outside its body on both sides, in a rash and negligent manner and hit against an oncoming Maxi Cab bearing Registration No.KA-05-A-6396, opposite Sunakthi Solar Energy System Private Limited at 4th Phase, Peenya Industrial Estate, on account of which, the inmates of Maxi Cab sustained injuries and out of them three passengers by name Girish, Natraj a

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