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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 23^RD DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION No.3052/2013

BETWEEN:

SRI. PRABHUGOUDA

S/O SANGANAGOUDA LINGDALLI

AGED ABOUT 31 YEARS, OCC: DRIVER

R/O VAJJAL, TQ. SHORAPUR

DIST. YADGIR-585201.

… PETITIONER

(BY SRI G.G.CHAGASHETTI, ADVOCATE)

AND:

THE KALKERI POLICE STATION

THROUGH PUBLIC PROSECUTOR

HIGH COURT BUILDING, CIRCUIT BENCH

GULBARGA-585101.

… RESPONDENT

(BY SRI. SHARANABASAPPA M. PATIL, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO

SET

ASIDE

THE

JUDGMENT

AND

ORDER

DATED

23.01.2013 PASSED BY THE I ADDITIONAL SESSIONS

JUDGE, BIJAPUR IN CRL. APPEAL NO.5/2012 IN SO FAR AS

CONFIRMING THE JUDGMENT AND ORDER OF THE CIVIL

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JUDGE AND JMFC, SINDAGI, IN C.C.NO.229/2009 DATED

30.01.2012

CONVICTING

THE

APPELLANT

FOR

THE

OFFENCE PUNISHABLE U/SEC.279, 337 & 304 (A) OF IPC.

THIS

REVISION

PETITION

COMING

ON

FOR

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

1.

The accused in CC No.229/2009 who suffered

an order of conviction for the offence under Section 279,

337, 338, 304A IPC and Section 187, 3(1) read with

Section 181 of the IMV Act, confirmed in Criminal Appeal

No.5/2012 is before this court in this Revision Petition

questioning the validity of those judgments.

2.

Brief facts which are necessary for disposal of

the Revision Petition are as under: Upon a complaint

lodged by Ninganna Hunasagi, Kalkeri police, Bijapur

District registered a case in Crime No.51/2009 for the

offence punishable under Sections 279, 337, 338, 304A

IPC and Section 187, 3(1) read with Section 181 of the

IMV Act. In the complaint, it is contended that on

6.5.2009, complainant hired the vehicle bearing No. KA-

33/ 5859 for visiting a wedding along with Mallamma,

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Shivamma,

Sumangala,

Lakshmi,

Subhasha,

Kavitha

Sangamesha, Pallavi, Varuna and Anila. When they were

proceedings towards Turukanageri from vajjal, the driver

of the vehicle drove the same near Bekanar village in a

rash and negligent manner and when he applied the brake

negligently, vehicle turtled, resulting in an accident,

wherein inmates of the vehicle sustained injuries and two

of the inmates namely Mallamma and Shivamma died and

sought for action against the driver of the vehicle.

3.

Police investigated the matter and filed charge

sheet against the accused.

4.

Presence of the accused was secured and since

he has not pleaded guilty, trial was held.

5.

In order to bring home the guilt of the accused

14 witnesses were examined as PWs.1 to 14 and 13

documentary evidence were exhibited and marked as

Exs.P1 to P13 and 6 material objects were marked as

MOs.1 to 6. On conclusion of the recording of the

prosecution evidence, accused statement was recorded

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under Section 313 Cr.PC. was recorded wherein the

accused admitted that he was the driver of the vehicle in

question and after the accident, he had shifted the injured

to the Hospital. Other incriminatory circumstances were

denied by him.

6.

Learned

Magistrate

after

hearing

the

arguments, convicted the accused for the offence

punishable under Sections 279, 337, 338, 304A IPC and

Section 187, 3(1) read with Section 181 of the IMV Act.

7.

Being aggrieved by the said conviction and

sentence, accused filed an appeal before the District Court

Bijapur in Criminal Appeal No.5/2012. Learned Judge of

the first appellate court, secured the records and after

hearing the parties in detail, allowed the appeal in part by

setting aside the offence under Section 338 IPC and

Section 187 and 3(1) read with Section 181 of the MV Act

and confirmed the conviction of the accused for the offence

punishable under Sections 279, 337, 338, 304A IPC and

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Section 187, 3(1) read with Section 181 of the IMV Act,

and maintained the sentences for the af