S. R. BANNURMATH, J.

( 1 ) HEARD Sri Ashok R. Kalyanashetty, learned Counsel for the petitioner and Sri Ramakrishna, the learned High Court Government pleader for respondent.

( 2 ) THIS revision petition is filed challenging the judgment of conviction dated 31-8-1996 passed by the learned Judicial Magistrate first Class, Bailhongal in Criminal Case No. 274 of 1994 affirmed by the learned Sessions Judge, Belgaum in Cri. A. No. 100 of 1996, dated 10th july, 2002.

( 3 ) THE brief facts of the case are as follows: according to the prosecution, the complainant who was the driver of non-stop bus from Belgaum to Bailhongal bearing Registration No. KA-25/f-153 left Belgaum at about 10. 00 a. m. on 6-5-1993 and was proceeding towards Bailhongal. According to the prosecution, at about 12. 00 p. m. when the bus had crossed the Sampgaon Village was in the process of travelling and was at a distance of half a kilometre towards bailhongal, a truck came from the opposite side in a wrong way. When the complainant was in the process of taking his bus to the left side, the accused who was the driver of a tempo bearing registration No. KA-24/m-69 came rash and negligently, with great speed overtaking

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