High Court Karnataka High Court

Sri Mahadevaswamy S/O Rajaiah vs The State Of Karnataka on 2 July, 2009

Karnataka High Court
Sri Mahadevaswamy S/O Rajaiah vs The State Of Karnataka on 2 July, 2009
Author: A.S.Pachhapure


§ C1111? 1205l’2G06

IN THE HIGH COURT’ OF KARNATAKA AT BANGALORE

DATED THIS THE 21″‘ DAY OF JU LY 2%?
BEFORE

THE E-iOl\i’BLE MR.JUS’I’ICE A.s.PAcHrI.AP£j-5&3-“LI%*5~ H

CRIMINAL REVISION PETITEON

BETWEEN

Sri. Mahadevaswamy

S/o Rajaiah

Aged about 32 yams

DodraipctaP0s1: ‘ _ «_
Chamarajanagar. _”v~…’;’~..PE’I’ITiGHER]S

(Sn: x.v;’v;g§§§ A{:ii§.;–

AND 1 ” %

The State V
Reprtésented by AA!-Iblenarsipuxa

….. ..

“Ki91énar5ipmv}_. RESFONDENTI S

HCGP.)

it-iii

Criminal Revision Petitim is fim under Secficrn 397

4 ” $3.133 401 Cr.P.C to set asfic the 3*:-ailment and sentence passed

‘by the JMFC, Hoicnarasipur in (:0 No. 70212001 dated

__ °li3′.’i’;A2fl03 and the oztier dated 24.5.66 passed by the Fri. S.J.,
in Cr3..A. No. 5/2003.

This Criminal Revision Petitixm ceming on fer hearing,
this day, the Court, made the frxliowingz

2 CILRP I205/2906

ORBER

The petitioner has chaflenged his

sentrznce for the offence punishable b

and 338 {PC on a trial held by :a£1d ”

confirmed in appeal before thcT’S;cssi1§11s”C’om’L v”V*AA 2 u

2. The facts mlcvgmt fo:V_t1i§fi’vpurposé’of–§evision are
as under: V ‘4 V
The petitioncr h§:i*€i31: ;i:§ before the Trial

Court and at about 8.15 am,

when ; resident of Doddahalli Village had
come “after his work at that place was

mctmjsing £5 hilafivcdplacc in the KSRTC bus bearing

” V’ -R¢ga§j’u~.;a;uon: .Np.xA;b9′ ‘F 2233, it is alleged that the dfivcr of the

._bxu_s and negligent manner and at about 9.00

a.Ama , on ‘Bray, inbetween Hassan and Mysore, near the

forest on the cuxvc, the driver was not able to comma! the

érnd thereby the bus capsized on the Eefi: side of the cmve.

A 3s many as 17 to 19 persons sustained injmtics in the accident

and it is themafier that the complainant came to the hospiial
for the purpose of tzvcatmcnt and meanwhile. I5-“W.17 received the

information of the accident and Went to the hospital and

oi

3 CILRP 120513006

recorded the complaint of PW .1 as per Ex.P.1 and

the said complaint and sent the FIR to the Magis1:£§t£:§ _

3. He visited the scene of ‘-nee ;

of the attesting Witnesses, held
seized the bus bearing
recorded the statement the sketch of
the scene of oecuxrcncé’ am he arrested the:

accused. He the injured from
the Doct<)r§.i2;*V;A§"»vg)_'c;'_::»::l;'.'.;3_<s;<!'%'ff. Exs.P.7 and R8.
Affcr he collected the report
Inspector and CW.30 aficr the

investigafir)f1,= tiixé sheet against the accused.

the prosecution examined Pws. I to

' guidance got marked the documents Exs.P.1 to

" $§:é{cmcnt of the accused was necoxtlcd under

(3r.P.C. He has taken. the écfence of total dcmal'

not led any evidence, but got marked Exs.D.1 and D2,

:5: ébnnadicfions in the statement of PWS. 7 and 10. The Trial

' on apprcciafion of the material on mcond, convicted the

petitioner fear the offence under Sections 2'?'9, 337' am 338 of

IPC and ordered to undergo imprisonment for three months for

ac':

4 CIri.RP l205f20€)6

the offence under Sections 27 9 and 338 IPC and _4o;§eni21onth

imprisonment for the ofience under Section 337

by ‘the conviction and the sentence, fie pmferxai

the said appeal came to be dismiseed iby ”
the concurrent findings of his
this Court in revision. ‘ H V a

5. I have heart} the petitioner and
also the High points that arise
for my A ”

i_. —- and older of conviction of
V n ‘ tile ofience under Sections 279,
A and the sentence thereon as
in eximinal appeal are illegal and
order?

‘ is the contention of the learned counsel for the

A X1′ ” ijeiiiioner that there is no matextia}. on record to prove the rash

égnd negligent driving of the bus and that as the accident

occurred in the curve, the petitioner to avoid the accident with

the motor Cycle had to take his vehicle towattis the extreme left

and in the efibrt, the vehicle capsized and therefore, he submits

$4

S Cfl.RP 120519006
that there is no such rash or negligent act to atttmt the

provisions of Sections 279, 33′? and 338 IPC. It is also his
contention that none of the witnesses have spoken to the speed
of the vehicle and there is no matefial on record __rash

and negligent driving and in the ci1eumstance$;”he_’

that the judgment and orders of the Court flag»

petitioner are illegal an pexverse. It t’

that for the first time, the pefitioner’
that he has a large in the
circumstances, he subeiits tetexte; benefit ef probation

and of the bonds. Per contxa,
the Pleader has supported the

ixnpegned jfidgaient atigdtbitiexs, ofthe Court: behow.

fieve semtmzze’ ‘ d the evidence led by the prosecution

an’e1,_ae gcéuments admitted in the em ence. ex..m2 is

the”‘-skeiehveitft the seem: of oecurxenee and it reveais that the

ofvfiihe accident is Hassa:n—-MysoIe road and then: is a curve

bus whieh’€%*capsi2ed has been S})0W’I1 on the

% ….e;d:reme left side efthe row. There is 20 feet tarrem fl also

rough road on both the sides and the vehicle was fimnd fallen

at a distance of about 20 feet {item the spot of the accident.

mi

6 CILRP 12(}5f’2006

The circumstances at the spot as shown 12

reveal that the accident occuned at the time

was taking the vehicle in the curve and

what reason the vehicle capsized file 7,
driver. When it is the duty of dfivg%9’to
the road and when it is found on thfi
12:’: side the rash and p:fi§i11i#:d from the
circumstances on the :v’»»p:i~i11ciplc of res ipsa
Ioquitur. So f;ar§ .’the éenoemcd, PW.17 in
his of the map and they
are Ex.P.5.

by the Motor Vehicle

Inspesrmr Keport Ex.P.16 was secured and it

damage to the bus and the Motor

.__ has opined that the accident was not due to

a’11}§:i11cchA.a–:n’ ggj.~.a= defect.

is in the context of the cimumstances and the report

{#16 of the Motor Vehicle Inspector that the evidence led by

pmsecuticn has to be looked into.

M

7 CIIRP 30512006

10. PWs.1 to 10 and 12 are the persons who were
travelling in the bus at the time of the accident and have
sustained injmies. The injmy certificates are at

Exs.P.13 to P30 and Exs. 10.7 and R8. Amongét

F’V\fs.’?’, 9 and 10 have sustained gievofus the zeét.

have suffered simple inj1:me’ s. A .

the Doctor and he has spoken.

sufiered by the witnesses. of thee
Wimesses except PWs;’I?«,._..V9 _a1e,d have not
stated about the speed (117 tlhieieveejele Let of the accident

but ‘s§§§tsV.:’_’the éefitioner who was driving the
vehicle while he was taking the

curve. and the bile Véepsized on the left side of the mad.

of {‘i:e”‘evidence of the injured PWs.7, 9 and 10

we “*1 théit has was driven in h1gh’ speed. The witnesses

speed of the vehicle was in between 60 to 70

Inns] this evidence of the witnesses reveal that the

A j?j”:aA;c;ei<1ent occuned While the driver was taking the curve and

that he hamri no (20:11:11)! over the vehkle and therefoze the bus

"capsized on the left side. Though there is a suggestion that to

avoid a hit to the motor cycle, which was coming from the

opposite direction, he had to take the vehicle on the iefi side,

54

8 CILRP 1205:2006

but some of the witnesses have denim the said suggesfipn. If
really, the vehicle was coming from the opposite if

the rider of the motor cycle was neglige11t,””‘.g:i:efij;::i’1fie}g’g,e’

petitioner could have lodged a :§e’11’m{3-mr’ T. AV

cyclist.

1 1. Furthermore, the ef’ peeifioncr was
recorded under 13 _exce;H)tVAdcnying the
incriminating ciI_’cum$ta.n,e_es record by the
pmseeution,_V}f§e’ the vehicle capsized
on the side. .91″ within his knowledge
and i1;,’…’eV;v;’;v’a4:1verse infexence eouid be
drawn Section 106 of the indian

Evidesce ._:VInv.£heA.eifé£1mstanees, the defence put forth by

‘ V’ ..eann<5t"fieV accepted and takah g into oonsiieration

.__ the that arises from the circumstances at the spot

of the eye witnes-ms, a safe conclusion could

be axfiveii at holding that the petitioner was rash and negligent

":–? iaipejiving the bus. The Trial Court and also the first appellain

iiiourt have taken into oensideraijon this evidence and have

cosine to a right conclusion. I do not find any iiiegality in the

M;

9 CILRP 1205v”2{)G6

conviction of the petitioner for the offence under .279,

337 and 338 IPC.

12. The petiti-ancr was aged:32′ f. z
accident. The counsel submits Ivis
minor children and he has that
family members and sentence
of imprisonment, he ‘_ the family has to
suficr all along He ought
to have bC(?Ii’ and could have
1~cducc§:l.. taccidcnt could have been
avoidetif negligent act, as many as 19
pcrsonsté tfitfrxe in addition, the KSRTC bus

sustfiaiixed sev¢?m._damage.

1 if the petitioner is canfincd, he will loge the

same time, if he is ordered to pay the

corttfscxiaafififn, he can continue in service’ , Iook after his famfly

‘V ” . an*c:.;as§; compensate the injured and also the KSRTC. 1: is the

oficncc and therefem tahng into considcxation these

Vt htvtéizrzumstances, I am of the opi1:11ca’ 1:: that it is a tit case wherein”

the benefit of probation has tn be extended cfnecting the

petitioner to pay the compensation. As many as 16 pcmons

%%–\

10 CILRP 12032006

have sustained simple injuries like abrasions and <;x$x1t u§ions

Whereas PWs.3, 7, 9 and 10 have sustained

In the circumstances, I think it wouid be

award compensation of Rs.2,OOO/1;-_V "
have sustained simple
persons who have sustained xV-

towards the damage to the petitioner
has to pay the the injured and
also to the . ~ vficéiiétiexafion these an
in afiirmative and
partly jfiéss the ibllowingz
u’. A % wMV “ORDER

A. — The I£::%i$ian ‘is in part afirming the convllctzion of

” ” £’,céiijom;r. ‘”ié’ <V)xdercd to be relcased on probation on

bond for Rs.5,000/ ~ with one surety in

period of three years on probafion of good

cond1i:;t§'i-He is ozdcxw to pay the compensation of Rs.82,000/ –

"ii three months from this date. ()1: deposit of thc

' rfompcnsation amount, an amount of Rs.2,0G0/- each shail be

paid to §PWs.1 £06 and 8 and CWs.9 to 16 and CWJ8 and an

amount of I52s.S,{)O0/- shall he paid to PW's.7, 9 and 16. The

04

11 Cti.RP 126532006

amount of Rs.35,000/- shall be paid to the Managing

KSR”I'(Z2, towards the damages of the vehicle. In

payment of the compensafion, the ,c–:~,.

simpie imprisonment for a A 2853»; .:§3;ionths,L__u « i.’I’:11c ”

conviction of the petitioner shallfiot énjnc in thfi ;v:a§u.y: of

of the pciritioncr. /_
Judge

JL