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2022 Supreme(Online)(Kar) 40464

MR ABDUL SUBHAN S/O ABDUL MAJEED – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


The present petitioner was tried as accused by the

Court of learned Civil Judge and J.M.F.C., Bagepalli,

(hereinafter for brevity referred to as the `trial Court') in

C.C.No.36/2010,

for

the

offences

punishable

under

Sections 279, 304-A of Indian Penal Code, 1860

(hereinafter for brevity referred to as the `IPC') and was

convicted by its judgment of conviction and order on

sentence

dated

30.05.2011

and

was

sentenced

accordingly.

Aggrieved by the same, the accused preferred an

appeal in Criminal Appeal No.28/2011, before the learned

District and Sessions Judge, Chikkaballapur, (hereinafter

for brevity referred to as the `Sessions Judge9s Court'),

which after hearing both side, dismissed the appeal filed

by the accused by its judgment dated 30.03.2012.

3

Being aggrieved by the same, the accused has preferred

the present revision petition.

2. The summary of the case of the prosecution in the

trial Court was that on 19.11.2009, at about 3.15 p.m.

near

Dasaiahgaripalya

Cross,

within

the

limits

of

complainant Police Station, the accused being the driver of

motor vehicle Tempo bearing registration No.KA-40-786,

drove the same in a rash and negligent manner and

dashed a

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