CHINNATHAMBI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner/accused challenging the judgment passed by the LXVI Additional City Civil and Sessions Judge, Bangalore City in Crl.A. No.1027/2016 dated 01.03.2017 where under the judgment of conviction and order of sentence passed by the Court of Metropolitan Magistrate Traffic Court - VI, Bengaluru City in C.C. No.1636/2012 dated 08.08.2016 was confirmed. The accused was convicted for the offence punishable under Section 304(A) of IPC and also for the offence punishable under Section 279 of IPC.

(2.) I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent - State.

(3.) The gist of the complaint is that on 29.05.2012 at about 1.45 p.m., the mother of the complainant and herself when they were talking at that time, a water tanker bearing Reg. No.KA-05-9022 was driven rashly and negligently and accused took the said vehicle in a reverse manner without giving any horn. As a result of the same, it hit to Smt. Shabira. She sustained grievous injuries and subsequently, she succumbed to the injuries. On the basis of the complaint, a case has been registered against the accused in Crime No.84/2012. Thereafter, the investigation was conducted and a charge sheet has been filed. The learned Magistrate took cognizance and secured the presence of the accused and after furnishing the copies of the charge sheet material, the plea of the accused was recorded. Accused pleaded not guilty and he claimed to be tried as such, the trial was fixed.