Supreme Court - Daily Orders
Mariya Koraga Nayak vs State Of Karnataka on 2 September, 2015
Author: Chief Justice
Bench: Chief Justice, V. Gopala Gowda, Amitava Roy
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1187 of 2007
MARIYA KORAGA NAYAK ..APPELLANT(S)
VERSUS
THE STATE OF KARNATAKA ..RESPONDENT(S)
O R D E R
1. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Criminal Revision Petition No.1182 of 2003, dated 16.01.2006. By the impugned judgment and order the High Court has partly confirmed the judgment and order of the District and Sessions Judge, Haneri.
2. The case of the prosecution in brief is that the appellant was a driver in the Karnataka State Road Transport Corporation. On 21.12.1997 while Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2015.09.10 13:56:29 IST Reason: 2 driving bus bearing No.KA-31-F-382 near Savanur- Bankarpur crossing on NH-4, collided with a tempo bearing No.KA-26-1913. Due to the collusion, four persons in the tempo died and others received injuries.
3. The appellant was prosecuted and charged for the offence punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code, 1860 (for short, “the IPC”) before the Trial Court.
4. The Trial Court, after considering the evidence on record by its order dated 29.07.2002 held the appellant guilty of the offence punishable under Sections 279, 337, 338 and 304-A of the IPC and sentenced him to undergo imprisonment for a period of one year for the offence punishable under Section 304-A of the IPC, and for a period of six months for the offence punishable under Sections 279 3 and 338 of the IPC. The said sentences were ordered to run concurrently.
5. Aggrieved by the order so passed by the Trial Court the appellant preferred Criminal Appeal before the District and Sessions Judge, Haveri. The Sessions Court while confirming the order of conviction and sentence passed by the Trial Court dismissed the appeal.
6. Aggrieved by the judgments and orders passed by the courts below, the appellant had approached the High Court.
7. The High Court after considering the evidence on record and going through the submissions made by the parties partly allowed the appeal and modified the sentence awarded under Section 304-A of the IPC and reduced it from simple imprisonment of one year to nine months.
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8. Aggrieved by the judgment and order so passed by the High Court, the appellant is before us in this appeal.
9. We have heard learned counsel for the parties to the lis.
10. After going through the judgment and order passed by the High Court as well as the Trial Court and the material available on record, we are satisfied by the observations and reasoning made by the High Court in the impugned judgment and order. In that view of the matter, we are of the opinion that the judgment and order passed by the High Court does not suffer any infirmity whatsoever and does not require our interference. Accordingly, the appeal is dismissed.
11. If the appellant/accused is on bail, we direct the jurisdictional police authorities to take 5 him into custody forthwith to serve out the remaining period of sentence.
Ordered accordingly.
.............CJI.
(H.L. DATTU) ...............J. (V. GOPALA GOWDA) ...............J. (AMITAVA ROY) NEW DELHI SEPTEMBER 02, 2015 6 ITEM NO.14 COURT NO.1 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1187/2007 MARIYA KORAGA NAYAK Appellant(s) VERSUS STATE OF KARNATAKA Respondent(s) (with office report) Date : 02/09/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Rajesh Mahale,Adv.
Mr. Amith J., Adv.
For Respondent(s) Mr. V. N. Raghupathy,Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
As a sequel to the above, pending application, if any, stand disposed of.
(Neetu Khajuria) (Vinod Kulvi)
Sr.P.A. Assistant Registrar
(Signed order is placed on the file.)