Judgment:

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the Revision Petition filed by the respondent. The respondent faced trial for alleged commission of offence punishable under Sections 279, 338, 304-A of the Indian Penal Code, 1860 (in short the ‘IPC) by learned IIIrd Additional Sessions Judge, Mangalore. For the offence punishable under Section 338 IPC the respondent was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- with default stipulation. For the offence punishable under Section 304-A IPC he was sentenced to rigorous imprisonment for one year and to pay a fine of Rs.5,000/- with default stipulation. The appeal was dismissed by learned IIIrd Additional Sessions Judge, D.K. Mangalore.

2. Background facts in a nutshell are as follows:

The respondent had been driving the bus on Ullal-Hejamadi route on 3.12.1995 at about 10.30 a.m. A tempo was coming from the opposite direction. Both the vehicles rubbed through resulting in the right hand side portion of the bus hitting the right hand side portion of the tempo, as a result of which a boy sitting at