IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF AUGUST, 2021

BEFORE

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

CRIMINAL REVISION PETITION No.425/2012

BETWEEN:

ARUN KUMAR

S/O DEVENDRAPPA

AGED ABOUT 26 YEARS

OCC: AUTO DRIVER

R/O HIREJAMBUR,

SHIKARIPURA TALUK

SHIMOGA DISTRICT.

...PETITIONER

(BY SRI UMESH P.B FOR

SRI. R.B.DESHPANDE, ADVOCATE)

AND:

THE STATE OF KARNATAKA

SHIRALAKOPPA POLICE.

...RESPONDENT

(BY SMT. K.P. YASHODHA, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING

TO ALLOW THE ABOVE CRIMINAL REVISION PETITION BY

SETTING ASIDE THE JUDGMENT DATED:02.04.2011 IN

C.C.No.1509/2007 ON THE FILE OF CIVIL JUDGE AND

JMFC., SHIKARIPURA AND JUDGMENT DATED: 07.03.2012

IN CRIMINAL APPEAL No.61/2011 ON THE FILE OF FAST

TRACK-III, SHIVAMOGGA FOR THE OFFENCE PUNISHABLE

UNDER SECTION 279, 337 AND 304(A) OF INDIAN PENAL

2

CODE AND SECTION 3 R/W. SECTION 181 OF MOTOR

VEHICLES ACT, IN THE INTEREST OF JUSTICE AND

EQUITY.

THIS CRIMINAL REVISION PETITION COMING ON

FOR HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

The revision petition is directed against the

judgment passed in Criminal Appeal No.61/2011

dated 7.03.2012 on the file of Presiding Officer, Fast

Track Court-III, Shivamogga, wherein the judgment

and

order

passed

in

C.C.No.1509/2007

dated

02.04.2011 on the file of Civil Judge and JMFC,

Shikaripura, holding the accused guilty for the offence

punishable under Sections 279, 337, 304(A) of IPC

and Section 3 read with 181 of Motor Vehicles Act,

and sentencing the accused for the said offence came

to be confirmed.

3

2.

In

order

to

avoid

confusion

and

overlapping, the parties are addressed in accordance

with their ranking before the trial Court.

3. The brief facts of the case is that on

10.06.2007 at 2.30 p.m., in the PWD tar road in front

of the land of one Basavarajappa situated in between

Neralagi - Hirejambur Village, the accused without

having valid driving license drove his passenger Auto

bearing Reg.No.KA-14/TR-282/07-08 in a rash and -

negligent manner and in a high speed carrying six

passengers i.e., CW-1 to CW-6 and one Budyappa

(deceased) and proceeding towards Jambur from

Shiralkoppa, whereby the driver had lost control of the

vehicle, due to which the said auto toppled on the left

side of the road and caused the accident. One

Budyappa who was travelling in the said auto had

sustained injuries and while he was being shifted to

the Government Hospital for treatment succumbed

4

due to the injuries sustained in the accident and CW-1

also sustained simple injuries.

4.

Thereafter, learned trial Judge secured the

presence of the accused, supplied the papers, and

recorded plea of the accused. He pleaded not guilty

and claimed to be tried.

5.

The learned Trial Judge was accommodated

with the oral and documentary evidence as under:-

List of witnesses examined for the complainant:

PW-1

:

Chandramma

PW-2

:

Maruthi

PW-3

:

Ravi Das Rayakar

PW-4

:

Pujari Girish

PW-5

:

Gopamma

PW-6

:

Mahendra

PW-7

:

Shivaji

PW-8

:

H.C.Jagadish

PW-9

:

Kamalamma

PW-10

:

Deepak

PW-11

:

Dr. Srinath

PW-12

:

Dr. Srinivas

PW-13

:

P. Ravishankar

PW-14

:

Raju

List of witnesses examined for defence: NIL

5

List of documents marked for the complainant:

Ex.P1

:

Complaint

Ex.P1 (a) & (b)

:

Signatures

Ex.P2

:

Photo

Ex.P3 to P6

and Ex.P13 :

Statements PW-2 to 5 & 9

Ex.P7

:

Spot mahazar

Ex.P7 (a)(b)(c)

:

Signatures

Ex.P8

:

Inquest report

Ex.P9

:

Sketch

Ex.P9 (a)

:

Signature

Ex. P10

:

Wound certificate

Ex. P11

:

Signature of PW.11

Ex. P11 (a) :

Signature

Ex. P12

:

I.M.V. report

Ex. P12 (a) :

Signature

Ex. P14

:

First Information Report

Ex. P14 (a) :

Signature.

List of exhibits marked for defence : NIL

6.