Coram reviewed a criminal revision petition challenging a conviction for rash and negligent driving causing death. The court affirmed the lower courts' findings based on witness testimony and the IMV report, dismissing the petitioner's defense.
The criminal revision petition was dismissed with no stay of execution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.RP No. 549 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P.NO.549/2014
BETWEEN:
SRI NANJESH GOWDA S/O LATE SHIVAPPA AGED ABOUT 35 YEARS R/A NO.188/E, MAIN ROAD SANJIVINI NAGAR, LAKSHMANANAGAR HEGGANAHALLI, BANGALORE - 560 091 PRESENTLY R/A NO.83, IST FLOOR KAMDYA LAYOUT, ANNAPOORNESHWARI NAGAR, NAGARABHAVI 2ND STAGE BANGALORE - 560 091. ...PETITIONER
Digitally signed by B A KRISHNA KUMAR Location: High Court of Karnataka
(BY MRS. ARCHANA K.M, AMICUS CURIAE)
AND:
STATE OF KARNATAKA BY KAMAKSHI PALYA POLICE STATION BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR - 01 HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRL.R.P. IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 26.11.2012 IN C.C.NO.692/2012 PASSED BY THE M.M.T.C.-II, BANGALORE AND CONFIRM DATED 8.7.2014 PASSED BY THE P.O., F.T.C.-VI, BANGALORE CITY IN CRL.A.NO.757/2012 AND CONSEQUENTLY ACQUIT THE ACCUSED FROM THE ALLEGED OFFENCES P/U/S 279,304A OF IPC.
CRL.RP No. 549 of 2014
THIS CRL.R.P. COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This Criminal Revision Petition under Section 397 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') has been filed by the petitioners challenging the judgment and order of conviction and sentence passed by the Court of Metropolitan Magistrate, Traffic Court-II, Bangalore (for short the 'Trial Court) in C.C.No.692/2012 dated 26.11.2012 and the judgment and order passed by the City Fast Track (Sessions) Judge, Bangalore City (F.T.C. No.VI) (for short the 'Appellate Court') in Crl.A.No.757/2012 dated 08.07.2014.
Hiremath was riding and front wheel of the Tipper lorry ran over the deceased and caused him grievous injury and as a result he succumbed to the said injury at the spot. On the basis of complaint lodged by PW.2 - eye witness to the incident, the jurisdictional police registered a FIR against the petitioner for the offences punishable under Sections 279 and 304(A) of IPC. After completion of the investigation, the police had filed charge-sheet for the aforesaid offences against the petitioner.
CRL.RP No. 549 of 2014
1½ month for the offences punishable under Section 279 of IPC and the petitioner was also sentenced to undergo Simple Imprisonment for a period of 6 months and to pay fine of Rs.3,000/-, in default to pay fine to undergo Simple Imprisonment for further period of 3 months for the offence punishable under Section 304(A) of IPC. Being aggrieved by the said judgment and order of conviction and sentence, the petitioner had filed Crl.A.No.757/2012. The Appellate Court by its judgment and order dated 08.07.2014 had dismissed the appeal filed by the petitioner. Being aggrieved by the same, the petitioner is before this Court in this revision petition.
CRL.RP No. 549 of 2014
claiming compensation under the Motor Vehicles Act. Accordingly, she prays to allow the petition.
CRL.RP No. 549 of 2014
one-way and therefore, it is evident that the accident had taken place when the petitioner tried to overtake the scooter which was driven by the deceased from wrong side.
CRL.RP No. 549 of 2014
scooter of the deceased while attempting to overtake it from the wrong side.
of the deceased and he has opined that the death of the deceased was due to injury suffered in road traffic accident.
CRL.RP No. 549 of 2014
PW.5 is the investigating officer who conducted investigation and filed charge sheet against the petitioner.
CRL.RP No. 549 of 2014
The service of Mrs. ARCHANA K.M. who was appointed as Amicus Curiae is appreciated and placed on record and the fee of Amicus Curiae is fixed as Rs.7,500/- (Rupees Seven Thousand Five Hundred only).
Sd/JUDGE
NMS
2 issues framed by the court
Whether the lower courts' findings regarding rash and negligent driving in a traffic accident are perverse or illegal and require interference in revision.
Whether the evidence of eye witnesses and the post-mortem report support the conviction for offences under Sections 279 and 304(A) IPC.
4 provisions across 2 enactments
Sri Nanjesh Gowda
State of Karnataka
S VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
