JUDGEMENT
Budihal R.B., J. -
(1.)This revision petition is preferred against the judgment and order of conviction dated 13.04.2009 passed by the Civil Judge (Jr. Dn.) and JMFC, Sira, in C.C. No.866/2007 and the judgment and order dated 7.08.2009 passed by the Fast Track Court-1, Tumkur, in Crl. Appeal No.47/2009. By the judgment and order, the trial Court convicted the revision petitioner-accused for the offences punishable under Sections 279, 337 and 338 of Penal Code and imposed the fine of Rs. 1,000.00, Rs. 500.00 and Rs. 1,000.00 respectively. Being aggrieved by the same, the revision petitioner-accused preferred an appeal before the first appellate Court, whereby the first appellate Court, after re-appreciating the materials, dismissed the appeal and confirmed the judgment and order of conviction passed by the trial Court. Hence, challenging the legality and correctness of the judgment and orders of the Courts below, the revision petitioner is before this Court.
(2.)Brief facts of the prosecution case are that, on 01.09.2007, at about 5.00 a.m., near Emmerahalli gate in front school, on N.H.4, the accused being the driver of KSRTC bus bearing registration No.KA-17-F-800 drove the same in rash and negligent manner from Tumkur towards Hiriyur and dashed to Iron gallery of N.H.4. As a result, C.Ws.2 to 5 and 11 sustained the grievous injuries, C.Ws. 1, 6 to 10 and 12 to 14 sustained the simple injuries and thereby, committed the offences.
(3.)To prove its case, the prosecution in all examined 18 witnesses and produced 19 documents. On the side of the defence, no witness is examined nor any document is produced.
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