SHAMSUDDIN Vs. STATE BY CHAMARAJANAGARA

JUDGEMENT

(1.) PETITIONER faced trial in C.C.No.427/2006 on the file of the JMFC., at Chamarajnagar. The learned Magistrate by a Judgment dated 18.3.2008 found the accused guilty of offences punishable under Ss.279, 338 and 304-A IPC and sentenced to undergo S.I. for a period of six months and pay fine of Rs.1,000/- and in default, to undergo S.I. for two months for the offence under S.279 IPC. The accused was sentenced to pay fine of Rs.1,000/- and in default to undergo simple imprisonment for two months for the offence under S.338 IPC. The accused was sentenced to undergo S.I. for a period of one year and pay fine of Rs.1,500/-, in default to undergo S.I. for three months for the offence under S.304-A IPC. Crl.A.No.11/2008 filed in the Sessions Court, Chamarajnagar was allowed in part. The conviction of the petitioner for the offences punishable under Ss.279, 338 and 304-A IPC was confirmed. The sentence imposed in respect of the offence under S.279 IPC was set aside. The sentence imposed by the learned Magistrate for the offences under S.338 and 304-A IPC was confirmed. Feeling aggrieved, the accused has filed this Criminal Revision Petition.

(2.) BACKGROUND facts of the case in a nutshell are as follows:

(3.) PROSECUTION in order to prove the accusation, examined the complainant (CW-1/PW-1), the injured PW-2 - Shivamma, the eye witnesses - PWs.3 and 4, the spot mahazar witnesses PWs.2 and 3, the inquest mahazar witnesses PWs.6 and 7, sister of deceased Gowramma PW-8, medical officer PW-9, who issued injury certificate of PW-2 marked as Ex.P4, owner of the lorry PW-10, panch witnesses PWs.11 and 12, PW-14, who registered the case and PW-15 , CPI who conducted the investigation and filed the charge sheet. Exs.P1 to P11 were marked. Incriminating materials were put to the accused by examining him under S.313 Cr.P.C. It is a case of total denial. After hearing the arguments, learned Magistrate pronounced judgment and convicted the petitioner for the offences under Ss.279, 338 and 304-A IPC and awarded the sentence, as above. Aggrieved, the accused preferred a Crl.A.No.11/2008 in the Sessions Court at Chamarajnagar. The learned Appellate Judge, upon perusal of the record of the case and after hearing the learned advocate for the appellant and the learned prosecutor, pronounced the judgment on 22.3.2010 and dismissed the appeal. Feeling aggrieved, the accused has filed this Criminal Revision Petition.