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Showing contexts for: section 338 in Aslam Pasha vs The State Of Karnataka on 21 December, 2021Matching Fragments
Heard Sri B.S. Prasad, learned counsel for the revision petitioner and Sri V.S. Vinayaka, learned High Court Government Pleader for the respondent-State and perused the records.
2. This revision petition is filed by the petitioner-accused to set aside the order of conviction and sentence dated 17.12.2011 passed by the Sessions Judge, I Fast Track Court at Shivamogga in Crl.A.No.109/2010 and the judgment and order dated 18.09.2010 passed by the II Additional Civil Judge and JMFC at Shivamogga in C.C.No.969/2009, whereby the accused was convicted for the offence punishable under Section 279, 338 and 304(A) of IPC and ordered to undergo rigorous imprisonment for a period of 6 months and to pay fine of Rs.2,000/- for the offence punishable under Section 304(A) of IPC with default sentence and to pay fine of Rs.1,000/- for the offence punishable under Section 338 of IPC with default sentence and further to pay fine of Rs.750/- for the offence punishable under Section 279 of IPC with default sentence.
4. The jurisdictional police namely, Traffic Police, Shivamogga have registered a case against the accused for the offence punishable under Sections 279, 338 and 304(A) of IPC. In the complaint, it is also mentioned that, pillion rider has sustained blood injuries. The presence of the accused was secured and the accused pleaded not guilty. The police, after thorough investigation laid the charge sheet against the accused for the aforesaid offences.
5. In order to prove the case of the prosecution, the prosecution examined in all six witnesses as P.Ws.1 to 6 and relied upon documentary evidence, which were exhibited and marked as Exs.P1 to P10. In the prosecution evidence, the complainant and other witnesses have supported the case of the prosecution in toto.
6. On conclusion of the prosecution evidence, the statement of the accused was recorded as contemplated under Section 313 of Cr.P.C., wherein the accused has denied all the incriminatory circumstances. However, the accused failed to place his version about the incident on record by examining himself or by filing any written submissions as is contemplated under Section 313(5) of the Cr.P.C. Thereafterwards, the learned Trial Magistrate heard the parties in detail and after considering both oral and documentary evidence placed on record, taking note of the fact that the pillion rider also sustained blood injuries in the accident and nothing had been lost sight, committed the accused for the offence punishable under sections 279, 338 and 304(A) of IPC and passed the sentence as referred supra.
(ii) While maintaining the part of conviction of the accused for the offence punishable under section 279, 338 and 304(A) of IPC, the sentence imposed by the learned Trial Magistrate, confirmed by the First Appellate Court is modified to the extent of converting rigorous imprisonment for a period 6 months to simple imprisonment for a period of 6 months for the offence punishable under Section 304(A) of IPC.