GURU BASAVARAJ ALIAS BENNE SETTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal preferred by special leave under Article 136 of the Constitution of India, the assail is to the judgment and order dated 21.06.2011 in Criminal Revision Petition No. 2284 of 2009 passed by the High Court of Karnataka Circuit Bench at Dharwad whereby the High court has concurred with the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge, Hospet in Criminal Appeal No. 58 of 2008 wherein the appellate court had set aside the sentence under Section 279 of the Indian Penal Code, 1860 (for short "the IPC") and affirmed the conviction and sentence for offences punishable under Sections 337, 338 and 304 A of the IPC as passed by the Judicial Magistrate First Class, Hospet.

(3.) The broad essential facts leading to the trial of the accused- appellant (hereinafter referred to as 'the accused') are that on 25.03.2006, about 10.15 a.m., the accused-driver was driving an unregistered new tractor on National Highway No. 13 at bypass road near the open well of one Golya Naik. The tractor turned turtle towards the left side and caused simple injuries to many people who were sitting inside the trailer of the tractor and grievous injuries to three persons. Injured Kotraiah succumbed to the injuries sustained in the accident. Be it noted, all the injured persons were travelling along with their goods in the trailer of the said tractor.