Karnataka High Court
Sandeepa @ Deepu vs The State Of Karnataka By on 18 December, 2023
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CRL.RP No. 1392 of 2019
NC: 2023:KHC:46140
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.1392 OF 2019
BETWEEN:
SANDEEPA @ DEEPU
AGED ABOUT 23 YEARS,
S/O NANJUNDASWAMY
RESIDENT AT
SATHEGALA HANDPOST VILLAGE
PALYA HOBLI
KOLLEGALA TALUK
CHAMARAJANAGARA - 571 313
...PETITIONER
(BY SRI. PRAVEEN C, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
BELAKAWADI POLICE STATION
MALAVALLI TALUK
Digitally MANDYA - 571 401
signed by
REKHA R REP BY SPP HIGH COURT
Location: BENGALURU - 01
High Court of
Karnataka ...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA,HCGP)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C. TO SET ASIDE THE JUDGMENT AND ORDER DATED
19.06.2019 PASSED BY THE LEARNED SENIOR CIVIL JUDGE
AND J.M.F.C., MALAVALLI IN C.C.NO.06/2018 FOR OFFENCE
PUNISHABLE UNDER SECTIONS 279, 337, 304(A) OF IPC AND
SECTIONS 181 AND 187 OF IMV ACT AND ALSO ORDER DATED
02.08.2019 PASSED IN CRL.A.NO.71/2019 PASSED BY THE
LEARNED V ADDITIONAL SESSIONS JUDGE, MANDYA AND
ACQUIT THE PETITIONER IN THE INTEREST OF JUSTICE.
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CRL.RP No. 1392 of 2019
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THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who is accused No.1 has challenged his
conviction and sentence imposed by the trial Court for the
offences punishable under Sections 279, 337, 304-A IPC
and Sections 181 and 187 of Indian Motor Vehicles Act,
which came to be confirmed by the Sessions Court by
dismissing appeal filed by him.
2. Accused No.2 who is owner of the auto rickshaw
bearing registration No.KA-10 A-0630 (offending vehicle
for short) pleaded guilty and she was imposed with
punishment of fine.
3. For the sake of convenience the parties are
referred to by their rank before the trial Court.
4. A complaint came to be filed against accused
Nos.1 and 2 alleging that accused No.2 is the owner and
on 04.02.2017, at 5.30 p.m., accused No.1 being the
driver of the offending vehicle drove the same in a rash or
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negligent manner on Belakavadi-T.Narasipura Road, as a
result of which near the land of one Shami, the offending
vehicle turned turtle causing injuries to the inmates and
one Prasad died on the spot on account of the injury
sustained by him. Accused No.1 left with the offending
vehicle, without providing treatment to the injured and
also failed to intimate the concerned police.
5. So far as accused No.2 is concerned, the
allegations against her are that she failed to secure permit
and allowed accused No.1 to drive the vehicle without
permit and thereby committed the offences punishable
under Sections 66 r/w 192-A and 180 of IMV Act.
6. After conducting detailed investigation, charge
sheet came to be filed against accused Nos.1 and 2.
7. As noted earlier, accused No.2 pleaded guilty
and she was convicted and sentenced to pay fine.
8. However, accused No.1 pleaded not guilty and
claimed trial.
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9. In support of prosecution case, in all 12
witnesses are examined as PWs-1 to 12 and Ex.P1 to 14
are marked.
10. During the course of his statement under
Section 313 Cr.P.C accused No.1 denied the incriminating
evidence.
11. He has not led any defence evidence.
12. Vide the impugned judgment and order dated
19.06.2019, the trial Court convicted accused No.1 and
sentenced him as under:
"i) To undergo simple imprisonment for a period
of three months for the offence p/u/s 279 of
IPC.
ii) To undergo simple imprisonment for a period
of two months for the offence p/u/s 337 of
IPC.
iii) To undergo simple imprisonment for a
period of one year for the offence p/u/s
304(A) of IPC.
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iv) To pay a fine of Rs.500/- for the offence
p/u/s 181 of IMV Act. In default to
undergo further simple imprisonment for a
period of one month.
v) To pay a fine of Rs.500/- for the offence
p/u/s 187 of IMV Act. In default to
undergo further simple imprisonment for a
period of one month."
13. Aggrieved by the same accused No.1
approached the Sessions Court in Crl.A.No.71/2019.
However, by judgment and order dated 02.08.2019, the
Sessions Court dismissed the appeal filed by him and
thereby confirmed the judgment and order of the trial
Court.
14. Being aggrieved by the impugned judgment and
order passed by the trial Court as well as Sessions Court,
accused has come up with this petition contending that
they are bad in law. The impugned orders are passed in a
mechanical fashion without appreciating the evidence
placed on record. The evidence of PW-1 makes it evident
that the names of the alleged eye witnesses have been
inserted by the Investigating Agency and there are no eye
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witnesses except PW-1. The documents produced by the
prosecution contradicts the ocular version of the eye
witnesses. The report of the IMV Inspector is sufficient to
arrive at a conclusion that petitioner is not involved and
prays to allow the petition, set aside the impugned
judgment and orders and acquit the petitioner.
15. On the other hand learned HCGP submits that
along with the injured, accused attended the festival
lunch. He was known to the eye witnesses who are all
injured. The oral and documentary evidence lead by the
prosecution leads to an irresistible conclusion that the
accident occurred due to the negligent driving by the
accused resulting in all the inmates of the auto rickshaw
being injured and one of them succumbed to the injuries
on the spot and pray to reject the petition.
16. Heard arguments of both sides and perused on
record.
17. Thus, accused No.1 was prosecuted for the
offences punishable under Sections 279, 337, 304A of IPC
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and Sections 181 and 187 of IMV Act on the allegations
that on 04.02.2017, at 5.30 p.m., being the driver of
offending vehicle drove the same in a rash or negligent
manner resulting in the vehicle turning turtle and CWs-1
to 5 and deceased Prasad Kumar sustained injuries.
Prasad Kumar died on the spot. Accused No.1 left the
place in the offending vehicle without getting the injured
treatment inasmuch as informing the police about the
accident.
18. Accused No.2 who is the owner of the offending
vehicle has pleaded guilty to the charge that she failed to
secure permit and permitted accused No.1 to drive the
same without permit. With her pleading guilty, the fact of
accused No.1 being the driver of the offending vehicle is
also proved.
19. Of course PWs-1 to 5 are the inmates of the
offending vehicle along with deceased Prasad Kumar. They
are all injured in the accident. Their evidence prove that
on the date of incident they along with accused No.1 went
to Horalahalli Village, to attend a festival feast. After
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finishing lunch, at around 5.00 p.m, they started their
return journey on Belakavadi-T.Narasipura Main Road,
Near the land of Shami, accident occurred due to the
negligent driving of the offending vehicle by accused No.1,
as a resuilt of which the offending vehicle turned turtle.
20. It is pertinent to note that including accused
No.1, there were 7 persons traveling in the offending
vehicle. The evidence of PWs-1 to 5 prove that while 3
persons were sitting in the middle seat, the remaining 3
were sitting in the back portion of the offending vehicle.
They have denied that 2 of them were sitting on the left
and right side of the accused No.1. Though PWs-1 to 5
have admitted that the seating capacity of offending
vehicle is only 3, the photograph of the offending vehicle
indicate that on the back portion of the offending vehicle
which is meant for keeping luggage, 3 persons were
sitting, which is common scenario in rural area.
21. Learned counsel for accused No.1 submitted
that all the witnesses have deposed that the accident
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occurred when the offending vehicle took a left turn,
whereas as evident from the photographs, the damage
caused to the offending vehicle is on the right side. The
evidence of PWs-1 to 5 makes it amply clear that when
accused No.1 took left turn, the offending vehicle turned
turtle and in the process the possibility of it having
suffered more damage on the right side cannot be ruled
out. Of course from the photographs it is evident that the
offending vehicle is also damaged on the left side.
Therefore, the prosecution case cannot be doubted for the
mere reason that the offending vehicle suffered more
damage on its right side.
22. Having regard to the fact that accused No.1 was
known person to PWs-1 to 5, the complicity of the accused
No.1 in the crime is proved. Though a futile attempt is
made by the learned counsel for accused No.1 that on
account of mud being spread on both side of the tar road,
the offending vehicle slipped, resulting in the accident. A
suggestion is also made that a vehicle came from the
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opposite side and in order to give way to it, accused No.1
suddenly stirred the offending vehicle on the left side
resulting in the accident. Of course PWs-1 to 5 have
denied these suggestions. Having regard to the fact that
accused No.1 was carrying passengers, that too exceeding
the seating capacity, he was required to be more careful.
The manner in which the accident is caused clearly prove
that it was a result of negligence on the part of accused
No.1. The evidence of PWs-1 to 5 prove the fact that after
the accident, they removed the deceased from the
offending vehicle and place his dead body by the side of
the road. They lifted the offending vehicle and placed it on
the road and at this juncture, accused No.1 simply took
away the offending vehicle leaving the deceased as well as
injured to fend for themselves. He has failed to get them
treatment inasmuch as inform the concerned police.
23. Taking into consideration the oral and
documentary evidence placed on record, the trial Court as
well as the Sessions Court have come to a correct
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conclusion that the charges leveled against accused No.1
are proved beyond reasonable doubt. This Court find no
justifiable grounds to interfere with the conclusions arrived
at by them.
24. Now coming to the quantum of punishment
imposed on accused No.1. The minimum sentence
imposed is two months for the offence punishable under
Section 337 IPC and the maximum being one year for the
offence punishable under Section 304-A IPC. Having
regard to the fact that accused No.1 was aged 21 years at
the time of incident, this Court is of the considered opinion
that a lenient view is required to be taken so far as
punishment of imprisonment is concerned and on the
other hand grant compensation. To this extent the petition
is required to be allowed in part and accordingly, the
following:
ORDER
(i) Petition filed under Section 397 r/w 401
Cr.P.C. is allowed in part.
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(ii) The impugned judgment and order dated
19.06.2019 in C.C.No.6/2018 on the file
of Senior Civil Judge & JMFC., Malavalli,
which is confirmed by judgment and order
dated 02.08.2019 in Crl.A.71/2019 on the
file of V Addl.District and Sessions Judge,
Mandya are confirmed.
(iii) However, the punishment is modified as
under:
[iii(a)] For the offence punishable under
Section 279 IPC, accused No.1 is
sentenced to pay fine of Rs.1,000/-. In
default to undergo simple imprisonment
for 10 days.
[iii(b)] For the offence punishable under
Section 337 IPC, accused No.1 is
sentenced to pay fine of Rs.500/-. In
default to undergo simple imprisonment
for 5 days.
[iii(c)] For the offence punishable under Section
304-A IPC, accused No.1 is sentenced to
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undergo imprisonment for a period of two
months and pay fine of Rs.5,000/-. In
default to undergo simple imprisonment
for a period of 15 days.
[iii(d)] For the offence punishable under
Section 181 of IMV Act, accused No.1 is
sentenced to pay fine of Rs.500/-. In
default to undergo simple imprisonment
for 5 days.
[iii(e)] For the offence punishable under
Section 187 of IMV Act, accused No.1 is
sentenced to pay fine of Rs.500/-. In
default to undergo simple imprisonment
for 5 days.
(iv) All the substantive sentences shall
concurrently.
(v) Further, the accused No.1 is directed to
pay compensation in a sum of
Rs.50,000/-. In default to undergo simple
imprisonment for a period of two months.
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(vi) The entire compensation is ordered to be
paid to PWs-1 to 5 equally.
(vii) The Registry is directed to send back the
trial Court record along with copy of this
order to the trial Court.
Sd/-
JUDGE
RR
