- 1 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 1563 OF 2016 BETWEEN: SHANKARAPPA S/O BHEEMASA AGED ABOUT 30 YEARS R/AT HALGURU VILLAGE AREKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT. …PETITIONER (BY SRI GIRISHA N R, ADVOCATE) AND: STATE BY NARASIMHARAJA POLICE STATION MYSURU – 570 101. REPRESENTED BY SPP PUBLIC PROSECUTOR HIGH COURT , BANGALORE – 560 001. …RESPONDENT (BY SRI M DIVAKAR MADDUR, HCGP) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE II ADDL. S.J.,MYSURU IN CRL.A.No.72/2016 ON 28.10.2016 AND THE ORDER PASSED BY THE III ADDL. SENIOR CIVIL JUDGE ADN JMFC, MYSORE IN C.C.No.964/2012 ON 29.03.2016 AND ACQUIT THE PETITIONER AND ETC., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This criminal revision petition is directed against the judgment dated 28.10.2016 passed in Crl.A.No.72/2016 by the II Additional Sessions Judge, Mysuru where under the judgment of conviction dated 29.03.2016 passed in C.C.No.964/2012 by the III Additional Senior Civil Judge and JMFC, Mysore convicting the petitioner – accused for the offence punishable under Section 279, 304(A) of IPC and Section 134(a)(b) read with 187 of the Motor Vehicles Act has been confirmed. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent – State. 3. The case of the prosecution is that on 10.05.2012 at about 8.30 a.m. the deceased – Siraj Ahmed Shah was riding his two wheeler bearing Reg.No.KA-09-EJ-5488 and - 3 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 while crossing the Pushpashrama area junction to proceed towards Naidu Nagar, the accused who was driving the Tipper lorry bearing Reg.No.KA-05-D-4919 drove the vehicle in high speed in rash and negligent manner and dashed to the two wheeler of the deceased. As a result, deceased fell down and his vehicle was dragged to a distance of about 10 feet. Due to the collision the vehicle caught fire. By the time, the deceased was shifted to the hospital, he was declared brought dead. The accused without informing the incident to the police and without attending the deceased fled away. 4. The prosecution has examined six witnesses as PWs. 1 to 9. Statement of accused has been recorded under Section 313 of Cr.P.C. The trial Court appreciating the evidence on record has convicted the petitioner for the aforesaid offences. The said judgment of conviction has been challenged by the petitioner – accused before the Sessions Court in Crl.A.No.72/2016. The said appeal came - 4 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 to be dismissed confirming the judgment of conviction passed by the trial Court. 5. Learned counsel for the petitioner would contend that the alleged accident has taken place in a junction and as there was work in progress on southern side of the road, the accused drove his tipper lorry on the northern side of the road and as the bike driver intended to go fast, came in front of tipper lorry and as a result, accident took place and it is not out of rash and negligent driving of the driver of tipper lorry. The evidence of PWs.2 and 4 does not establish that the lorry driver was driving it in a rash and negligent manner. The trial Court without appreciating the evidence on record properly has convicted the petitioner for the offences charged against him. He further contended that the prosecution has failed to prove the alleged offence beyond all reasonable doubt and on that point he placed reliance of Delhi High Court in the case of Kishore Chand Joshi vs. State in Crl.R.P.No.627/2016 disposed on 12.11.2018. - 5 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 6. Learned HCGP would support the reasons assigned by the trial Court and the appellate Court in convicting the petitioner for the offences charged against him. There are no grounds to interfere with the well reasoned judgment passed by the trial Court and the appellate Court. The evidence of PWs.2 and 4 who are the eye witnesses coupled with sketch – Ex.P3 of the spot clearly establish that the petitioner drove his tipper lorry in a rash and negligent manner and caused accident and death of deceased Siraj Ahmed Shah. With this it is prayed for dismissal of the revision petition. 7. Having heard the learned counsels, the Court has perused the impugned judgment and trial Court records. 8. On perusal of the spot sketch – Ex.P3, the accident has occurred in the middle of a junction. The damage to the front side of the tipper lorry indicate that the tipper lorry dashed to the motor cycle. The motor cycle was dragged by the tipper lorry for about 10 feet and it caused fire to the bike and it got damaged. The tipper - 6 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 lorry which was driven by the petitioner – accused was joining a junction and he ought to have carefully driven his lorry as he was joining a junction. The manner in which the tipper lorry dashed to the bike and dragged for 10 feet itself indicate that the driver of the tipper lorry drove his vehicle in a rash and negligent manner and caused the accident. 9. PWs. 2 and 4 are eye witnesses to the incident. PW.2 has narrated the accident. He stated that the bike was taking U turn at the junction and at that time, the tipper lorry came from front side and the driver was driving it in high speed and dashed to the bike and the lorry dragged the bike to a distance of about 10 feet. Due to the collision, the bike caught fire and bike rider sustained injuries. 10. PW.4 has also deposed regarding the manner in which the accident took place. He has stated that when he was coming on his motor cycle when he came near ring road junction, at that time, the lorry came from Bannur - 7 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 side and it was coming in high speed and at the time of joining the junction it dashed to the motor cycle of the deceased and as a result, the lorry dragged the motor cycle and rider of the bike sustained severe injuries. He has further stated that as the bike was dragged, it caught fire. Nothing has been elicited in the evidence of PWs.2 and 4 to disbelieve their testimony. 11. The Doctor who conducted the examination over the dead body of the deceased has noted the injuries sustained and there were nine injuries and the Doctor has opined that the death is due to shock and hemorrhage as a result of multiple injuries sustained. The deceased died as a result of injuries sustained. Considering all these aspects the trial Court has rightly appreciated the evidence on record and rightly convicted the petitioner for the offences under Sections 279, 304(A) of IPC and Section 134(a) and (b) read with Section 187 of Motor Vehicles Act. The appellate Court rightly re-appreciated the evidence on record and rightly dismissed the appeal and - 8 - HC-KAR NC: 2025:KHC:21535 CRL.RP No. 1563 of 2016 confirmed the judgment of conviction passed by the trial Court. 12. Learned counsel for the petitioner did not argue on sentence imposed by the trial Court and affirmed by the appellate Court. Considering the above aspects there are no grounds made out to set-aside the well reasoned judgments passed by the trial Court and appellate Court and acquit the petitioner. In the result, revision petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS/DKB List No.: 1 Sl No.: 19