In cases of fatal road accidents caused by rash and negligent driving, courts must maintain a deterrent element in sentencing for professional drivers, especially where the accused fails to provide an explanation under Section 313 of Cr.P.C.

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) SET ASIDE THE JUDGMENT AND SENTENCE DATED 30.08.2021 PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI IN C.C.NO.265/2017 FOR THE OFFENCE P/U/S 279 AND 304(A) OF IPC. b) SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 01.09.2022 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI IN CRL.A.NO.61/2021 U/S 374 (3) OF CR.P.C.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri. Dilraj Jude Rohit Sequeira, learned counsel for the petitioner and Smt. Waheeda.M.M, learned High Court Government Pleader for the respondent.

2. Revision petitioner having suffered an order of conviction in CC No.265/2017 on the file of the Court of Addl. Civil Judge and JMFC, Udupi vide judgment dated 30.08.2021 for the offence under Sections 279 and 304A of IPC, challenged the same before the Court of II Addl. District and Sessions Judge, Udupi in Crl.Appeal No.61/2021 which came to be dismissed vide judgment dated 01.09.2022, has filed the present revision petition to revise the orders passed by the learned Trial Magistrate confirmed by the First Appellate Court.

3. Facts in the nutshell which are utmost necessary for disposal of the present division petition are as under:

3.1. In respect of a road traffic accident occurred on 06.11.2016 wherein a bus bearing Reg.No.KA-20/D-4664 dashed against a motorcycle bearing Reg.No.KA-20/L-6916 on National Highway No.66 in front of ‘Autolinks’ building situated near Canara Bank, Brahmavara, Varamballi Village on Kundapura – Brahmavara road.

3.2. A passer-by car driver noticed the said accident and set the criminal law in motion by lodging the complaint with the jurisdictional Police. Police, after registering the case in Crime No.327/2016, investigated the matter in detail and filed charge sheet against the accused for the offence under Sections 279 and 304A of IPC.

4. The presence of the accused was secured and plea was recorded. Accused being the offending bus driver, denied the charges levelled against him and therefore, trial was held.

5. In order to bring home the guilt of the accused, prosecution proceeded to examine seven witnesses comprising of the complainant who was examined as PW1 and six more witnesses as PW2 to PW7. Twenty-two documentary evidence were also placed on record by the prosecution in support of its case comprising of complaint, photographs, spot and seizure mahazar, inquest mahazar, post mortem report, property seizure mahazar, sketch of the place of accident, notice issued under Section 133 of the IMV Act, reply to the notice, IMV report and acknowledgment.

6. Besides marking the documentary evidence, helmet pieces worn by the deceased was marked as MO1, which was seized under the spot measure.

7. On conclusion of recording of evidence of prosecution, learned Trial Magistrate recorded the accused's statement as is contemplated under Section 313 of Cr.PC, wherein the incriminatory materials were put across to the accused. Accused has denied all the incriminatory circumstances and did not choose to place his version about the incident on record.

8. Thereafter, learned Trial Magistrate heard the arguments of the parties and convicted the accused and sentenced as under:

“ORDER

Acting U/sec.255(2