IN THE HIGH COURT OF KARNATAKA, BANGALCJRE
DATED THIS THE 25TH DAY 01? Jumgtaosstt _
BEFQRE M :jgC[" t
TI-IE HONBLE MR. Jus~1'1<:%: R,B.% N:§IKtj é %
CRIMINAL REVISION f'§J}'YP}:QN.'_':sIC§. 1969 %
BETWEEN
Thjmmaiah, V .
S / 0 Mulabagalappa,
Aged amut 37 years,
Agriculturist, . - _
R/0 MuniyaI1aha11i'Vi1iag¢,
Vcmgal Hob1j.,:-.Koi;a"r_.Ta1:1k:, _ _.- if .
K0131' District. '-- A
V : Petitientsr
(By Agvo¢a;:c;
Am: t V t
State of
Vemg;ai'I?(;1icc, . _ V' V
V. " « _____ .. W
: Respondent
my Additional S.P.P.,)
Ti1§S1~ Criminal Revision Petitien is fled under Secfion
. .39.?-Cr.F’;C praying ta set aside the Judgment and order cf
‘ “‘tha_P’g_O., Fast Track Court-11, Kola: in Cr1.A.No.32/2002
20-»10–20{)5 and Judgment and order of the
C.t?}.(Jr.Dn.) & JMFC, Kolar in C.C.No.1-43/1999 Dated
” 1045-2002 and acqtfit the petitioner.
U\
This petition coming on for hearing, this day the Court,
made the following:
ORDEE
The petitioner/accused is coz1victg;;;_”V?f9.IV.v
punishable under Sections
undergo S.I for three months _andV4fo_:pay f-,
he is convicted for an offencé ‘1:.v’;:;I);£i{‘:I:Vf§S(‘,LV(V’3tiOI1 338
IPC and is sentenced’sixvv fr1é)VVnths and to
pay a fine of Rs.AV1,O0O[.-.a;r§d convicted for an
offence and is sentenced
to undérge arid to pay a fine of Rs.1,{){)0/-
in default” 3:0 1,;rid1:.’;;’.’g0» for three months and all the
, ‘sentciaccs are éfdfilffidv to run ccmcuxrently by an order of
.__sentcnce dated 10-5-2002 passed by the
.i.:a»i;F;C;%,’ in C.C.No.}/13/1999. The said order of
_ ‘.§:onvif:ticfI2:_ sentence is canfxrmed by judment dated
V’ 16-20V05 passed by the Presiding Officer, Fast Track.
Kolar in Cr1.A.No.32/2002. }39″–*°*i*€—-»
2. It is the case of the prosecution that on 18-“.’t.S’_}’1.99′?’
at about 7-30 am. the petitioner being the _
Tempo bearing NO.K.A 07/2534 was »C1I’iVi.1′.ig’
A.II).Cok:ny, Narasapur in a rash sad
while so driving the tempo, heV__&ashea-house
P.W.3 Yellappa. Due to the }:&_a1a.g3..B:1:i’pQ;Jféchfld and
Mam: @ Manohar Lsies and died at
the scene of who was along
with the also sustained
injuries i1*s~..e_Vaeeié:e.nt~ t
3. in” support of its case examined
P.W.1 E3xs.P.1 to P.’?.
‘ *4, ‘;, “Chinnamma has deposed that she was in the
he1’ise”~et; her son and she was feeding her grami
aged about 7 years and Manohar aged about 6
‘ arid While she was so feeding the childzen the tempo
V’ ‘tlrijgen by the accused came in a high speed and dashed
V against the wall and entered the house and ran over the two
children. It also ran over her legs and caused injuries
Because of the injuries sustained by the two they
died at the scene of occurrence itself.
5. P.W.3 Yeliappa has depcsed*e2at.§oni arms
accident at about 7’o clockiie Ito’
with milk and he saw xiby the
accused/petitioner hefein a_1’1d_ A speed in
A.D.C01ony and it of the house. It
also dashed ‘Maia and Manohar.
They died at the scene of
that the tempo Went
over t1″xe”3e;gsV<)f too had sustained injuries.
naneh witness for the tnahazar.
»A _V€).}%.’i.1I.’EiiVdfE{1fishnappa has deposed that on 18-6-1997 at
shei1t.t’7V3¢’ the morning he wanted to accompany
‘tikfaganfaj divas such he had been to the house of Nagaraj.
told that Nagaraj was taking bath and so he was
near the house of P.W.1 and at that point of fime he
‘V V the tempo being driven by the accused herein coming in
a high speed and dashing against Chinnamma and the two
fi,£;w.c2i*£—
Courts below that the petitioner is guilty of theV’eo:fi’ences
punishable under Section 337, 338 and 3045.
call for interference. Even the sentence for .335
does not call for interference. Howetiefl
sentence for the offence pmiishahle ntider, 3VQ<i»A
the leamed counsel fog'. the that the
petitioner is married and children to
maintain and solely dependant
on the earniiiszs he the ,__1§etf.ition'erV _ herein. It is further
submittedi—Vthati_V"the;:_: ineidenté' is—of"§ the year 1997. At this
length of._tiine V V4fi~;§….% fioner behind bars does not
serve any He regrets for the incident which
; ' ._ V' 'L '
'was E of controls and it 'lad occurred on account of
~ Looking to the over all facts and
the ease, I too fee} that the sentence for the
VV._ 'offence Section 304A is harsh and excessive and the
'ifeqtlires interference in the present revision petition.
hence, the following: rQuF«'~'/'v"-*-':""""'
The revisien petition is partly allowed. Th§:~~ of
canvictian and sentence for the offence p1133:i'sI:aijixé' "%'a..z.'1V:f'1df:::'*'_
Section 337 and 338 {PC is ' 'i;§;=;;a:.VV:(*:'i'*£;1ei~~_VA
conviction of the pfifiiiéiifii' far the 3:'
Sectkrsn 3049; is also wBi1t: h@v.mx;Vef'1?,
imfiflsed for the said f£3f1'.enC£%V'"'isgA. A é11d"' lisu the
flfititioner is sentellced S.:i six months and
to pay a fine pf Vundergo 53.1 for 15
days. The sjéinf_enc¢§'shafl run concurmntly.
Sd/-
Judge
-9-ua.nnd–.d—-