1

IN THE HIGH COURT OF KARNATAKA

AT KALABURAGI

DATED THIS THE 13^TH DAY OF APRIL, 2023

BEFORE

THE HON’BLE MR. JUSTICE RAMACHANDRA D.HUDDAR

CRIMINAL REVISION PETITION NO.200015/2018

BETWEEN:

Hulagappa S/o Yamanappa Rampur,

Age : 42 years, Occ: Driver,

R/o Muttur Village, Tq. Lingasugur,

Dist : Raichur - 585 401.

… Revision Petitioner

(By Sri Ishwaraj S.Chowdapur, Advocate)

AND:

The State of Karnataka,

Through Maski P.S.,

Represented by

Addl. State Public Prosecutor,

High Court of Karnataka,

Kalaburagi Bench - 585 103.

… Respondent

(By Sri Sharanabasappa M.Patil, HCGP)

This

Criminal

Revision

Petition

is

filed

under

Sections 397 and 401 of Cr.P.C. praying to set-aside the

order of conviction of JMFC at Lingasugur in CC

No.126/2006, order dated 03.02.2015 and which is

confirmed

by

Prl.

Sessions

Judge

at

Raichur

in

2

Crl.A.No.8/2015 order dated 03.04.2018 and acquit the

petitioner by allowing the revision petition of charges

under Sections 304(A), 279, 337 and 338 of IPC and

Section 177 of M.V.Act in the interest of justice and equity.

This criminal revision petition having been heard and

reserved on 31.03.2023 coming on for pronouncement of

orders, this day, the court made the following :

O R D E R

The

Revision

Petitioner-accused

has

filed

this

revision petition under Section 397 read with Section 401

of Code of Criminal Procedure (for short the ‘Cr.P.C’) being

aggrieved by the concurrent findings with regard to his

conviction and sentence passed in C.C.No.126/2006 dated

03.02.2015 by the learned Civil Judge and Judicial

Magistrate First Class, Lingasugur and affirmed in Criminal

Appeal No.8/2015 by the Principal Sessions Judge, Raichur

vide judgment dated 03.04.2018.

2.

Parties to this revision are referred to as per

their rank before the trial Court for the purpose of

convenience.

3.

The brief and relevant facts up to this revision

petition are as under:

3

That, accused has been charge-sheeted by CPI,

Maski

Circle,

for

the

offences

punishable

under

Sections 279, 337, 338 and 304(A) of Indian Penal Code

(for short ‘IPC’) and Sections 177 and 187 of Motor

Vehicles Act (for short M.V.Act).

That one Budda Sab S/o Nabi Sab Kadival resident of

the address so stated in the complaint submitted a

complaint on 19.11.2005 at 8.30 a.m., by giving his

statement before the police stating that he is a coolie by

profession. For the last two weeks prior to filing of a

complaint, himself and residents of his village by name

Rasoolbi W/o Mohammad Sab, Noorjan D/o Rasool Sab,

Ashabegum W/o Babusab, Ramjanbe W/o Hassan Sab and

Martuj S/o Rahimansab and others, in all 34 persons used

to attend the coolie work under one Mehaboob Sab Mestri

being the contractor and used to attend the said work at

Teertha Bhavi mountain of doing conker. They used to

travel in a tractor to attend their coolie work.

4

It is alleged that on 19.11.2005 at about 5.00 p.m.

their

contractor

brought

a

tractor-trailer

bearing

Reg.No.KA-36/T-1528/29 to send the coolie workers to

their respective villages. All these persons boarded the

said tractor loaded with conker. Amongst the said laborers,

there were also four other laborers also boarded the said

tractor. The said tractor was being driven by one Hulgappa

S/o Yamunappa. One Amzad, the brother of the contractor

Mehaboob Sab sat behind the driver of the said tractor.

The said tractor departed from the place of coolie work at

5.30 p.m. and when the said tractor was moving at Adavi

Bhavi Thanda, the driver of the said tractor by driving his

tractor in high speed, in a rash and negligent manner,

after passing Advai Bhavi Thand lost control over the

driving of the tractor and made the said trailer of the

tractor to turtle down. Thus, the said tractor-trailer turtled

down on the left side of the road, due to which the

passengers travelling on the said tractor i.e., CWs.3 to 10

sustained grievous