In hit-and-run accidents, the failure of the accused to provide an explanation under Section 313 of the Cr.P.C., combined with circumstantial evidence of impact, sustains a conviction for rash and negligent driving despite minor witness contradictions.

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 21.02.2018 DISMISSING THE APPEAL PREFERRED BY THE PETITIONER HEREIN IN CRL.A.NO.165/2015 PASSED BY THE II ADDITIONAL SESSIONS JUDGE, AT CHIKKAMAGALURU CONFIRMING THE JUDGMENT OF CONVICTION DATED 16.11.2015 IN C.C.NO.639/2013 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, KADUR CONVICTING THE ACCUSED/PETITIONER FOR THE OFFENCES P/U/S 279,337,338 AND 304A OF IPC AND SECTION 187 OF MOTOR VEHICLES ACT.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard learned counsel for the revision petitioner and Sri.Channappa Earappa, learned High Court Government Pleader appearing for the respondent/State.

2. Accused has suffered an order of conviction in C.C.No.639/2013 for the offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code (for short ‘IPC’) and Section 187 of Indian Motor Vehicles Act, 1988 (for short ‘M.V.Act’) and sentenced to undergo six months imprisonment for the offence under Section 304-A IPC, which got confirmed in Crl.A.No.165/2015. Hence, the accused is in revision before this Court.

3. The facts in nutshell for disposal of this revision petition are as under:

Kadur Police filed a charge sheet against accused in respect of a road traffic accident that occurred on 05.03.2013. The charge sheet material would reveal that on 05.03.2013 at about 02.30 p.m. near Tangali Tandyan on National Highway 206, the accused being the driver of the tractor bearing registration No.KA-18/T-1378 and trailer having registration No.Ka-18/T-1379, drove the same in a rash and negligent manner and dashed against the auto rickshaw bearing registration No.KA-54/3425 from the hind side resulting in serious damage to the auto rickshaw and inmates there being suffered simple and grievous injuries.

On account of impact of the accident, Basavaraju who is one of the inmates of the auto rickshaw died on the spot. Accused without even stopping the tractor in the place of incident, ran away from the spot.

Thereafter, the learned Magistrate secured the presence of the accused and recorded plea. Accused pleaded not guilty, therefore trial was held.

In order to bring home the guilt of the accused, prosecution examined 13 witnesses comprising of complainant and injured witnesses, mahazar witnesses, Investigating Officers, Motor Vehicle Inspectors as PW1 to PW13 and placed on record 25 documents, which were exhibited and marked as Exs.P-1 to P-25 comprising of spot mahazar, seizure mahazar, complaint, photographs, portions of the statements of the charge sheet witnesses, inquest mahazars, IMV report, wound certificates, FIR and spot sketch.

4. On conclusion of recording of evidence, the learned trial Magistrate recorded the accused statement as is contemplated under Section 313 of Cr.P.C.

Accused has denied all the incriminating circumstances and did not choose to place his version about the incident on record.

Thereafter, the learned trial Magistrate heard the arguments of parties and by a considered judgment dated 16.11.2016 convicted the accused for the aforesaid offences and sentenced six months imprisonment for the offence under Section 304-A of IPC besides imposing fine for the remaining offences and for the offence under Section 338, two months imprisonment was imposed. All the sentences were ordered to be run concurrently.

Being aggrieved