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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON9BLE MR.JUSTICE V.SRISHANANDA

CRIMINAL REVISION PETITION NO.1184/2012

BETWEEN :

SRI AHMED S/O HAMMABBA

AGED ABOUT 65 YEARS

R/AT PARARI HOUSE

VAMANJOOR POST

MANGALORE TALUK - 575103.

&PETITIONER

(BY SRI. HAREESH BHANDARY T, ADVOCATE) (PH)

AND :

THE STATE OF KARNATAKA,

REP. BY THE STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS,

BANGALORE - 560001.

& RESPONDENT

(BY SRI. V.S.VINAYAKA, HCGP)(PH)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

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

JUDGMENT AND ORDER OF CONVICTION DATED 30.08.2006

PASSED BY THE J.M.F.C.(II COURT), MANGALORE, D.K. IN

C.C.NO.1206/2006 AND THE JUDGMENT AND ORDER DATED

9.07.2012 PASSED BY THE II ADDL. DIST. & S.J., D.K.,

MANGALORE IN CRL.A.NO.274/2006 AND ACQUIT THEM OF

THEM OFFENCES AND ETC.,

THIS CRIMINAL REVISION PETITION COMING ON FOR

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

This revision petition is filed by the accused who has

suffered an order of conviction for the offences punishable

under Section 279, 337, 338 and 304(A) IPC by judgment

dated 30.06.2006 passed by the J.M.F.C-II Court, D.K,

Mangaluru, which was confirmed in the Crl.A.No.274/2006

vide judgment dated 09.07.2012 passed by the II Additional

District and Sessions Judge, D.K, Mangaluru. The accused

was sentenced as under:

"Acting under Sec.255(2) of Cr.P.C., the

accused is convicted of the offences punishable

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

Considering the age of the accused, he is

sentenced to undergo S.I. for 3 months for the

offence punishable under Sec.279 of IPC and shall

pay fine of Rs.1,000/-. In default of payment of the

fine he shall further undergo S.I for 15 days.

Further the accused is sentenced to undergo

S.I for one month for the offence punishable under

Sec.337 of IPC and shall pay fine of Rs.500/-. In

default of payment of fine he shall further undergo

S.I for 10 days.

Further the accused is sentenced to undergo

S.I for 3 months for the offence punishable under

Sec.338 of IPC and shall pay fine of Rs.1,000/-. In

default of payment of fine he shall further undergo

S.I for 15 days.

Further the accused is sentenced to undergo

S.I for 6 months for the offence punishable under

Sec.304(A) of IPC and shall pay fine of Rs.5,000/-.

In default of payment of fine he shall further

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undergo S.I for one month. The order of

substantive sentence for all the offences shall run

concurrently.

2.

Brief facts of the case are as under:

Upon a complaint lodged by the complainant,

contending that accused being the driver of the lorry bearing

No.CNG-9518 drove the same in a rash and negligent manner

on 05.09.2005 at about 7.15 a.m., on NH-13 from Mangalore

to Moodabidri via Kaikamba and dashed against the Maruthi

Car bearing Registration No.KA-27-M-2678 near Garodi

situated near Tenka Edapadavu village, whereby there was a

hurt to CW.2 and grievous hurt caused to CW.3 and Smt.

Ummamma succumbed to the injuries in the accident.

3.

Bajpe

Police

based

on

the

said

complaint

registered a case against the accused and after thorough

investigation, laid a charge sheet against the accused for the

offences punishable under Section 279, 337, 338 and 304(A)

IPC. The learned Magistrate took cognizance of the aforesaid

offences and secured the presence of the accused and framed

the charge. Accused pleaded not guilty and therefore, trial

was held. In order to prove the case of the prosecution,

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prosecution in all, examined 12 witnesses as PWs.1 to 12 and

relied