SHEIK WAJID Vs. STATE

JUDGEMENT

(1.) THE revision petitioner has challenged his conviction and sentence for the offences punishable under Sections 279, 338 and 304 -A IPC and under Section 134(a) and (b) r/w. 187 of the Indian Motor Vehicles Act [hereinafter referred to as "the I.M.V. Act" for short] on a trial held by the learned Magistrate, confirmed by the appellate Court in the appeal.

(2.) THE facts reveal that on 13.10.2004 at about 1.30 p.m., the appellant herein was the driver of the tempo bearing reg. No. KA.07/274 and drove it in reverse direction in a rash and negligent manner, hit the autorickshaw bearing reg. No. KA -02/A -2271, a push cart and caused the death of Nagaraj, a pedestrian and thereby having committed the offence aforesaid.

(3.) THE point that arises for my consideration is;