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Petitioner/ accused feeling aggrieved by the judgment of first appellate court on the file of I Addl. Dist. & Sessions Judge, Haveri, in Criminal Appeal No. 66/2011 dated 30.04.2016 in confirming the judgment of the trial court on the file of Addl. Civil Judge & JMFC, Haveri, in C.C. No. 145/2009, preferred this revision petition.

2. Parties to the revision petition are referred with their rank as assigned in the trial court, for the sake of convenience.

3. Heard arguments of both sides.

16. On going through the recitals of the spot panchanama- Ex.P.2 and sketch map-Ex.P.3, it would go to show that the road at the place of accident runs from East to West, i.e., from Havanur to Haveri road. There is also a circle at the place of accident. The accused was driving Katma (tempo) bearing

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NC: 2024:KHC-D:4698 No.KA-27-A-1235 from Havanur to Haveri at Guttal Circle where four roads join. The rider of the motorcycle was proceeding from Ranebennur towards Negalur which runs from South to North. The rider of the motorcycle bearing No. KA-27- K-7150 had almost crossed the circle leading towards Negalur road. Accused who was driving Katma (tempo) bearing No. KA-27-A-1235 while proceeding from Havanur to Haveri on the road leading to East-West, was supposed to keep left side of the road on the Southern side. The evidence of PW4- Muralidhar and the recitals of the spot panchanama-Ex.P.2 so also the hand sketch-Ex.P.3 would go to show that driver of Katma (tempo) bearing No. KA-27-A-1235 travelled to the extreme right side and dashed against the motorcycle bearing No. KA-27-K-7150 which had almost crossed the circle and in the process of entering Negalur road towards Northern side.

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NC: 2024:KHC-D:4698 same was taken from the front side of the vehicle at the place of accident. It means that the photo was taken from Haveri side which is to the Western side. The said evidence clearly goes to show that while proceeding from Haveri towards Havanur, the tempo was on the left side of the road. This necessarily means that while coming from Havanur to Haveri, the vehicle was on the right side and not on the left side of the road. Therefore, the defence of the accused that rider of the motorcycle came and dashed to the left side of the Katma (tempo) bearing No. KA-27-A-1235, is unsustainable in view of the aforementioned evidence on record.

21. The claim of accused that rider of the motorcycle dashed against the left side of the road while he was proceeding from Havanur to Haveri by keeping left side, is totally ruled out in view of the aforementioned evidence on record. The accused who was expected to drive the vehicle by keeping left side of the road, i.e., towards Southern side while proceeding from Havanur to Haveri road, has exceeded his way of limit to the extreme right side and dashed against the motorcycle. The accused has failed to exercise due diligence while driving the vehicle and allowed his vehicle to travel to the extreme right side of the road and dashed against the motorcycle. The