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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRL.R.P. No. 252 OF 2019

BETWEEN:

SRI. R.S. JAGADISH,

AGED ABOUT 33 YEARS,

S/O. SRI. SHANKARAPPA,

R/AT RAMASANDRA VILLAGE,

NARASAPURA HOBLI,

KOLAR DIST - 563101.

...PETITIONER

(BY SRI. DEVARAJA M &,

SRI. LOKESH A.N., ADVOCATES)

AND:

STATE OF KARNATAKA, BY

THE STATION HOUSE OFFICER,

KOLAR RURAL POLICE STATION,

KOLAR-563101.

REP-BY SPP.

HIGH COURT OF BUILDING,

BANGALORE - 56001.

…RESPONDENT

(BY SMT. RASHMI JADHAV., HIGH COURT GOVERNMENT

PLEADER)

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THIS CRL. R.P. IS FILED U/S 397 R/W. 401 CR.P.C.

PRAYING TO SET ASIDE THE JUDGMENT DATED 02.01.2019

PASSED BY THE I ADDITIONAL SESSIONS JUDGE AT KOLAR

AND SET-ASIDE THE CONVICTION AND SENTENCE ORDER

DATED: 30.08.2016 PASSED BY THE III ADDITIONAL

SENIOR

CIVIL

JUDGE

AND

JMFC.,

AT

KOLAR

IN

C.C.NO.152/2012 FOR THE OFFENCE P/U/S. 279, 338,

304(A) OF IPC AND ETC.

THIS CRL.R.P. COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Though this matter is listed today for admission,

with the consent of the parties, the same is taken up for

disposal, since the Trial Court and Appellate Court

records are available before this court.

2.

This Criminal Revision Petition is filed by the

petitioner under Section 397 read with Section 401 of

Cr.P.C. aggrieved by the judgment dated 02.01.2019 in

Crl.A. No.29/2016 passed by the learned I Additional

Sessions Judge at Kolar, wherein appeal came to be

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dismissed confirming the judgment of conviction and

order of sentence passed by the learned III Additional

Senior Civil Judge and JMFC., Kolar in C.C.No.152/2012

dated 30.08.2016.

3.

In order to avoid confusion and over-lapping,

parties are addressed in accordance with their ranks and

status before the trial Court.

4.

The substance of the complaint is extracted

from the certified copy of the judgment passed in

Crl.A.No.29/2016 which reads as under :

" On 24.11.2011 at around 1:15 P.M.,

the accused viz., R.S. Jagadish being the

driver of the goods tempo KA-09/A-9455

drove the same in rash and negligent manner

so as to endanger human life on Kolar-

Vemagal road near Hogari gate from Kolar

ride and dashed the tempo against Hero

Honda Splendor motorcycle KA-03/Y-1757

due to which both rider and pillion viz.,

Dadapeer and CW-2 Tanvir Pasha fell down

from the motorcycle and sustained grievous

injuries.

Dadapeer

succumbed

to

those

injuries while undergoing treatment at R.L.

Jalappa Hospital, Kolar on 24.11.2011 at 4:05

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p.m., Thus, the accused has communicated

the offence punishable under Section 279,

337, 338 and 304(A) of IPC".

5.

The learned trial judge took cognizance of

the offence punishable under Section 279, 337, 338

and 304(a) of Indian Penal Code and issued

summons to the accused. After receipt of summons,

the accused appeared. After hearing regarding the

charge, charges framed and was read over to the

accused in the language known to him, he pleaded

not guilty and claims to be tried.

6.

The learned trial Judge was accommodated

with the following oral and documentary evidence on

behalf of prosecution:

The list of witnesses examined for the prosecution:

PW-1

:

Murali

PW-2

:

Muniyappa

PW-3

:

Jabivulla

PW-4

:

Tanveer

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PW-5

:

P.N. Ganesh

PW-6

:

Manjuntha

PW-7

:

T.R. Jayashankar

PW-8

:

Dr. Balakrishna

The List of documents exhibits for the prosecution:

Ex.P.1 & 2 :

Statement

Ex.P.3

:

Complaint

Ex.P.4

:

Mahazar

Ex.P.5

:

FIR

Ex.P.6

:

Inquest report

Ex.P.7

:

Sketch

Ex.P.8 & 9 :

Indemnity bond

Ex.P.10

:

Post mortem report

Ex.P.11

:

Wound certificate

Ex.P.12

:

IMV report.

The List of witnesses and documents