N. K. Sudhindrarao, J. - (1.) This criminal revision petition is directed against the judgment passed by the Civil Judge (Jr. Dn.) & JMFC, Huvinahadagali in C.C. No. 425/2007 dated 26.06.2008 and also against the judgment passed by the Fast Track Court-III, Hospet in Crl. A. No. 130/2008 dated 09.08.2010 wherein the appeal was partly allowed. The order of convicting the accused for the offences punishable u/Ss. 279 and 304-A of IPC r/w S. 187 of IMV Act was confirmed. However, the order on sentence passed for the offence u/S. 337 of IPC is modified and the accused is sentenced to pay a fine of Rs.500/-. The learned Fast Track Court Judge adjudicated the appeal before that was against the order passed by the learned trial Court where the appeal was confirmed.
(2.) The facts unfurled from the case are: It is in respect of a road accident that was occurred on 22.09.2007 at about 6.00 p.m. in front of the house of the complainant wherein a speeding matador dashed against Veeresh and Gangamma. Because of the impact, Gangamma sustained minor injuries whereas Veeresh suffered severe injuries and was transported to C.J. Hospital, Davanagere for higher treatment, but being unable to recover from the injuries, he succumbed to them. FIR was registered against the accused for the offences punishable u/Ss. 279, 337 of IPC and S. 187 of IMV Act. Thereafter, by virtue of the death of Veeresh, offence u/S. 304-A came to be inserted. The learned Fast Track Court Judge considered the oral evidence of the witnesses as per P.Ws.1 to P.W.9 and documentary evidence as per Ex.P.1 to Ex.P.10. The analysis of the case would be as under:
(3.) The place of accident is in front of the house of victim Veeresh and as stated, another female got minor injuries. Veeresh died in the hospital. Registration Number of the vehicle is KA-28-2363. P.W.1 states about the incident of dashing by the matador to his friend Veeresh and also one Gangamma. He states Gangamma survived, however, Veeresh succumbed to the injuries. He also stated regarding lodging of complaint. He was also cross-examined. P.W.2- Badigera kotrappa states that on the date of incident, Veeresh with his daughter Gangamma, friend Talakal Basappa were standing by the side of the road. Badigera Suresh, Ganesh, Rudrachari, Kallanagouda were near the Panchayat office. The accused dashed his vehicle through his rash and negligent driving. Vinodamma-P.W.3 is the mother of the deceased Veeresh, who was said to be sitting in front of the house and saw her son Veeresh and his daughter Gangamma, aged three years being knocked down by a speeding matador. Badigera Suresh-P.W.4 is cited as another eye-witness. He stated about the incident. He further states about the driver running away from the spot after the incident stopping the vehicle. He stated that he can identify the driver who caused the accident. P.W.5- Badigera Ganesh is also cited as eyewitness to the incident. He also stated regarding the manner in which the accident had occurred. P.W.7 is the Motor Vehicle Inspector. He states that there was no mechanical defect in the vehicle. P.W.8 and P.W.9 are the Police witnesses who deposed regarding conducting the investigation, drawing of mahazar, recording statements, etc.;