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IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT

SESSIONS JUDGE, AT DAVANGERE

MEMORANDUM OF CRIMINAL APPEAL UNDER

SECTION 374(3) OF CODE OF CRIMINAL PROCEDURE

(IN THE COURT OF THE III ADDITIONAL CIVIL JUDGE

AND JMFC, AT DAVANGERE)
C.C. 103/2018

CRL. APPEAL No. /2022

APPELLANT: Salman Khan

S/o late Raheem Khan,
Aged about 28 years,
Driver,
Resident of Nallur village,
Channagiri Taluk
(Accused before the Trial Court)

VS

RESPONDENT: State by Hadadi Police Station,

Represented by Public Prosecutor,
Davangere
(Complainant before the Trial Court)

The Appellant begs to submit as follows:-

II. The address of the parties for the purpose of

service of summons, Court notice and other process is
as mentioned in the cause title. The additional address
of the appellant is care of his Counsels Sri Dadapeer K.
B.Com; LL.B; and Smt. H.P.Sanjida Banu, B.A; LL.B;
Advocates, Davangere.
III. The appellant being the accused before the Trial
Court, aggrieved by the conviction passed (hereinafter
called impugned order) passed by the learned III
Additional Civil Judge and JMFC, Davangere
(hereinafter called Trial Court) convicting the
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appellant on 27.10.2022 for the offence committed

U/Ss 279, 337 and 304-A IPC and Sec.187 of Motor
Vehicles Act. The Trial Court convicted the appellant-
accused directing him to undergo Simple Imprisonment
for 6 months for the offence committed U/s 279 IPC
and further directed the appellant to pay fine of
Rs.1,000/-, in default of making payment of the fine,
he shall undergo simple imprisonment for 6 months for
the offence committed U/s 337 IPC and further directed
the appellant to pay fine of Rs.1,000/-, in default of
making payment of the fine, he shall undergo simple
imprisonment for simple imprisonment for 15 days.
The Trial Court also convicted the appellant-accused
directing him to undergo Simple Imprisonment for 2
years for the offence committed U/s 304-A IPC and
further directed the appellant to pay fine of Rs.5,000/-,
in default of making payment of the fine, he shall
undergo simple imprisonment for 30 days. Aggrieved
by the said judgment, the appellant has preferred this
Appeal before this Hon`ble Court to challenge the
legality, validity and correctness of the impugned
judgment.
IV. Copy of the impugned Judgment was delivered to
the appellant-accused by the Trial Court on 27.10.2022,
the same is herewith produced. Hence, the appeal is
filed today is in time.
V. Fixed Court fee is herewith paid on the
Memorandum of Appeal.
VI. Vakalath of the appellant is herewith produced.
VII. BRIEF FACTS OF THE CASE :
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(1) The respondent Police filed the charge-sheet

against the appellant for the offence punishable U/Ss
279, 337 and 304-A IPC and Sec.187 of Motor Vehicles
Act. The trial court has issued the summons to the
accused. After service of the summons, the appellant
accused had appeared before the trial court. The Trial
Court framed the charges and the appellant denied the
charges made against them. Since the appellant
claimed the Trail, the prosecution has examined as
many as 11 witnesses as PWs 1 to 11 and got marked as
many as 24 documents those are marked at ExP1 to 24
and closed its side. Thereafter, the statement of the
appellant/ accused is recorded U/s 313 of Cr.P.C. After
hearing the matter, the Trial Court is pleased to convict
the appellant/accused for the offences as stated supra.
Aggrieved by the said judgment, the appellant has
approached to the Hon`ble Court by preferring the
appeal to challenge the validity, legality and
correctness of the judgment passed by the Trial Court
in CC.103.2018 on 27.10.2022. Hence, this appeal.
VI. GROUNDS OF APPEAL :-

(a) The Trail Court committed grave error in convicting

the appellant/accused U/S 279 of IPC, SI for 6 months
and imposed fine of Rs.1000/-, in default of making the
fine, he shall undergo Simple Imprisonment for 15 days
and Trial Court also convicted the appellant/Accused
U/s 337 of IPC for 6 months, imposed a fine of Rs.500/-
in default of making the fine, he shall undergo Simple
imprisonment for 15 days. The Trial Court further
convicted the appellant/accused for the offence
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committed U/s 304-A IPC - for 2 years and imposed

fine of Rs.5000/-, in default of making fine amount, he
shall undergo the imprisonment for 30 days. The Trial
Court also convicted the appellant/accused for the
offence committed U/S 187 of Indian Motor Vehicles
Act for a fine of Rs.500/-, in default of making the fine
amount, he shall undergo Simple imprisonment for 15
days.

(b) The Trial Court committed grave error in believing

the version of the prosecution and convicted the
appellants/accused for the offence committed U/s 279,
337, 304-A of IPC and Section 187 of IMV Act.

(c) The Trial Court has not at all considered the

admissions made by PWs and their admissions thereon
in the prospective manner and convicted the appellant,
the same is not sustainable in law;

(d) The Trial Court committed grave error in coming to

the conclusion that the evidence produced by the
prosecution is cogent and acceptable one;

(e) The Trial Court failed to take into consideration of

various material discrepancies in the evidence of the
witnesses about the alleged prosecution story.

(f) The Trial Court has erred in believing the oral

testimony of PWs and their evidence and not consider
the cross examination and the admissions made by
PWs;

(g) There is no proper and legal evidence to establish

the guilt of the accused. In entire judgment of the Trial
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Court is based on assumption and presumption and as

such the conviction passed by the Trial Court is against
law, facts and probabilities of the case. The Trial Court
has not given benefit of doubt to the appellant. The
Trial Court not at all considered the admissions made
by PWs about dug of the road and the incident as
alleged by the prosecution is created. These infirmities
were not noticed by the Trial Court. Hence, the
conviction passed by the Trial Court is against the well
established sound and legal principles;

(h) The appellant crave leave of the Hon`ble Court to

urge the other grounds at the time of hearing on the
appeal.

VII. The copy of the judgment was delivered on

27.10.2022. Hence, the appeal filed today is in time.

VIII. P R A Y E R:-

WHEREFORE, it is respectfully prayed that the

Hon`ble Court be pleased to pass the following reliefs:-

(a) To set-aside the conviction passed by the learned

III Additional Civil Judge and JMFC, Davanagere in
C.C.103/2018 on 27.10.2022 in convicting the
appellant-accused for the offence committed U/Ss
279, 337, 304-A IPC and Section 187 of IMV Act and
to acquit the appellant-accused from the alleged
offences;
(b) To call for Records of CC.103/2018, on the file of
the Hon’ble III Additional Civil Judge and JMFC,
Davangere, disposed on 27.10.2022;
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(c) To pass such other reliefs as the Hon`ble Court

deems fit to grant under such circumstances of the
case.

Davangere (DPK)

Date.23/11/2022 Advocate for Appellant