1' 11311;' '*.flO 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 23TH DAY OF % BEFORE THE HON'BLE1'viR. 'k F<T " R WSI0N£ L.Am1A %%05%'%% % Aslam Pasha, S/o Buddan Sab, ._ . Aged about 33 yea.rs,.. _ ' R/o Mujavarmohaila, _, ., Hassan » : Petitioner I 'l'I"I"'-LVVL. " . HIVLJ: '. State by "'"i'e)yVvr1.1?*oli(:e Si;ation, Aziaszkere. ' ~ A V :Res'_" fruient T j «(.'LI:%5y HCGP.,] . ' VV"'Ié'his Revision Petition is'_fflcd§!:1n(1cr'Scction _ _ Cr.P.C. pra_'y'ing- ta set --aside.tEitt":_-iJ1ic'1§fl_1er1t and "acntcncc passed by the Additional TS¢sSions- n':-Judge I 1., "VII" 'fl X and » 13.0., Fast 'I'rack Court-.1-I,_ jH[assan,;g in t:::1.A.59j20oo dated 31-£52005 :3nd'--Ju_d.g-1W1;cnt " and x = sentence passed by the 0.J..(Sr.Dn.)-8a'Add11§1'_on'al cf.J.M., Arasikere, in C.C.No.9f1-.999 daieci 8-9-2G0'0,'.* - This petition coming on for hearing, "t.'.'l511s, the Qc;n.LI'I:, made 1:.h.,-:-. following: whiie confirming the order of conviction, 1- ordered tne ORDER
The petitioner] accused is convicted ;fer_j
punishable under Section 279 -_
u ee montus and tr: p”‘ -” i”.-
undergo S.I. for a peI’i0dp0f4_t)I1ci1iiI.titith and ;h.e_is cgonvicted
for an offence punishableunder it vVfg337 and is
sentenced to S.I. forttiree to pay a fine of Rs
n ~ ‘ I ” V ‘~_’ ._” 0
5()(){- in defaul. to undergo. 5,1. .01′ a~_p’61’1Gd of one Licnth
and he _ ioirexice punishable under
Section undergo to S.I. for one
yeaiiand Rs 1,000/- in default to undergo
S.I. for rtperiod” inonths. All the sentences were
c«1′:der*~’d t* r”~#1 ccI3.sec”ti””1*’ “”id he is t”‘um”” oi’-d”r”d t’
»A V1’unde_rAgo’«.,zS”;’1 ___for one and half years and to pay a fine of
‘~ default to pay a fine to undergo S1 for four
}i’11e additional Sessions Judge Fast -Track Court
3; his to de-
substantive sentences to run concurrently.
D . ‘
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2. It is the case of the prosecution that the”‘ai2cused/
petitioner on 28-7-1998 at about 2-30
lorry bearing No. KA-O6-8163. He t,ok..l_;if;w:
cross in Arasikere, Santhepetfiou. nun f””d’Eiflfi j
a turn he dashed against Seeniitha
Seemitha daughter of Lathairaspp left side of
the road; Smt. bag and an
24. ‘
(‘:f:i’1’11[hE14hf)1 her handiirith hefright hand. They were
C13
goiilgffii of SInt.Latha and at that
point of driven by petitioner came from their
behind Seemitha.
c ji to P7.
A’ is the injured eye witness and mother
_ theippideiceased Smectha. P.W.2 Sivanandappa is me
it . ‘ aim of the lorry. He in his evidence ma… .,1;;,a.tid th…., t..e
H 06-8163 and was driving the same on the { date of the
accident. P.W.3 Siddappa is an independent witness
V
in TM-R;S.._
examined by the prosecution. He in his ‘evidence has
stated that a spot mahazar was drawn in %He
also states that he came to the spot
question and tlmt he 3″” :1
road and P.W.1 Latha had -also the
right shoulder. is an eye
witness to the it occurred in
front of his shop; stated mat the
1Gi”‘Ty states that the lorry
dashed It ‘- causing injury to her
shotliider-Aand’.a1seranfiever -Seemitha, the child because of
the the the scene o_. oceu_._ence its…£
‘”-‘” ‘ “‘” for scene of
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Ex.P.2. The Post mortem report
is also marked as Ex.P.6. Ex.P.7 is the
“certificate which establishes injury to right
A
.. .he Aug. sketch prod ecu.
pd.
.a ‘ shotflder of Lat_h_a_=
A}’i”*r sarne rveais that the accident in question had
‘ happened near the circle on the left side of the road. After
negotiating left turn from the main road, the petitioner
.
was going on the left side of the road. Latha and her child
Seernitha were also moving in the same directioi”i;::
r.*.a_n_1e from behind and dashed against;
Se’nii”ia. Because of the same Seen’li’rha– a 7.
severe head injury and died at the sp t.fI;.,auxa”=- Ve
sustained injury to her”v’Vi’isl1oulder.~.V. is
Investigating ofileer’ :« the case
_ -_, .>
eemtneted ‘..-.e. iaa i. In ille¢’l’~vva’5e_harge sheet. The
“”””‘ tl-r’t”tl’1e**”el1ild was guided on
material
the roadvigy and she was carrying
of u1ilhre11aVVai;d..tianity’:”hag in her left hand; that the lorry
came It is also admitted by
|i
1 ‘it was on tha… d…y. It ‘s sI__ggested to her
._L
‘ tlshe to open umbrella and a tl””t¥’oin’ “f-time
H ” the hand of the child and at that juncture
the went towards the mid of the read, came in
‘* Aitteontaet the lorry and died. The aoeic_len1:- incident has
Vfoecurred on a Ewan’ sue… The petI1ti,r..!..,..1′,Ia..r_:I_1._,d
should have been cautious, the street wherefthe aocfde
ocoured is also found to be a narrow street it is-there
\
on record that he has not sounded the horn nef~appfied
the brakes; as such the material on recoI;1–.re§.?ea1s:V”‘that
the petitioner] accused is guilty of the
‘1e”1-“s been C611 ‘ct
ground to interfere with; .1;_he oI_’der of
sentence passed by the (lr;);1’1r_t;s Hence, the
following:
‘ :.\
QWDEna:
The dismissed. The order
of conyictioii modified by the first
appellate ‘ ‘
Sd/-_;H§__
Iudqé
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