Crl.R.P.No.129/2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF MARCH 2021

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL REVISION PETITION No.129/2017

BETWEEN:

SMT. MEGHA

W/O SRINIVASA MURTHY ABIB

AGED ABOUT 37 YEARS

R/O NO.373

YWLLANKODI NILAYA

I MAIN, 6^TH A CROSS

TATA NAGAR

BENGALURU - 560 092.

… PETITIONER

(BY SRI.P B UMESH, ADV. FOR

SRI R.B. DESHPANDE, ADV.)

AND:

THE STATE OF KARNATAKA

BY HEBBAL TRAFFIC POLICE STATION

BENGALURU CITY - 560 024.

(REPRESENTED BY STATE PUBLIC

PROSECUTOR, HIGH COURT BUILDINGS

BENGALURU-560 001.)

… RESPONDENT

(BY SRI.R D RENUKARADHYA, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 READ WITH SECTION 401 OF

CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE

Crl.R.P.No.129/2017

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THE JUDGMENT AND ORDER OF CONVICTION AND

SENTENCE

DATED

18.11.2015

PASSED

BY

THE

M.M.T.C.-V BANGALORE IN C.C.NO.2467 OF 2013 AND

THE

JUDGMENT

AND

ORDER

DATED

06.01.2017

PASSED BY THE LX ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE BENGALURU IN CRL.A.NO.1479 OF

2015 (CONVICTED FOR THE OFFENCES PUNISHABLE

UNDER SECTIONS 279 AND 304 (A) OF IPC AND

ACQUIT THE PETITIONER OF THE CHARGES LEVELED

AGAINST HER.

THIS CRIMINAL REVISION PETITION COMING ON

FOR HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

“Whether impugned order of conviction and

sentence passed against the petitioner suffers any

illegality, impropriety or incorrectness?” is the question

involved in this case.

2.

The

petitioner

was

prosecuted

in

CC

No.2467/2013 on the file of Metropolitan Magistrate

Traffic Court-V, Bengaluru for the offence punishable

under Sections 279 and 304(A) of IPC on the basis of

charge sheet filed in Crime No.26/2013 of Hebbal Traffic

Police. Crime No.26/2013 was in turn registered on the

basis of complaint of PW1- Venkatesh as per Ex.P1.

Crl.R.P.No.129/2017

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3.

For

the

purpose

of

convenience,

the

petitioner will be referred to henceforth as accused.

4.

PW1 is the husband of deceased Lakshmi.

On 20.03.2013 at 11.30 A.M near 1^st Main, Tatanagar

within jurisdiction of Hebbal Traffic Police station,

Lakshmi met with a motor vehicle accident. Initially she

was treated by PW4 Dr.Tulasi in Raghavendra clinic

situated near the scene of offence and she was shifted

to K.C.General Hospital. From there she was shifted to

Baptist Hospital, Hebbal. She succumbed to injuries at

2.00 p.m on the same day.

5.

PW1 filed the complaint alleging that the

petitioner at the above said date, time and place drove

Maruthi Van bearing No.KA-04-MD-1904 in a rash and

negligent manner, hit Lakshmi with the said vehicle and

caused her death. PW7-Police Inspector of Hebbal

Police Station received the complaint and registered FIR

in Crime No.26/2013.

Crl.R.P.No.129/2017

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6.

PW.7 said to have visited the scene of

offence on the same day and conducted the spot

mahazar as per Ex.P2 in the presence of PW2 and PW3,

prepared the sketch of scene of offence as per Ex.P12.

On the requisition of PW7, the inquest Ex.P7 was

conducted. PW7 said to have recorded statements of

PW4 to PW6 and got identified the accused by them. He

received I.M.V report-Ex.P11 and P.M report-Ex.P10 and

filed the charge sheet.

7.

On taking cognizance, the accused was

tried for the offence punishable under Sections 279 and

304(A) of IPC. On such trial, by the judgment and

order dated 18.11.2015 the trial Court convicted the

accused for the offence punishable under Sections 279

and 304(A) of IPC. Further for the offence under Section

279 of IPC, the trial Court sentenced her to fine of

Rs.1,000/- and for the offence under Section 304A of

IPC sentenced her to simple imprisonment of one year

and fine of Rs.5,000/- with default sentence.

Crl.R.P.No.129/2017