( 1 ) THIS revision petition is directed against the judgment dated 15. 1. 2001 passed by the learned sessions Judge, Bangalore Rural Dist. Bangalore, in Crl. Appeal No. 23/2000 whereby the learned session judge partly allowed the appeal by setting aside the impugned order dated 10. 7. 2002 passed by the Addl. CJM, Bangalore, in CC. No. 984/97 and modified the sentence of imprisonment from one year to six months fro an offence punishable under section 279 IPC and so also reduced the fine amount from Rs. 5,000/- to Rs. 1,000/ -.

( 2 ) ASSAILING both the orders passed by the Court below, the revision petitioner/ accused has come up under revision mainly on the ground that even though the prosecution is not examined, the Motor Vehicle Inspector to prove the contents of the report Ex. P. 5 is wrong in coming to the conclusion that the revision petitioner/accused was rash and negligent in driving the mini bus and P. Ws. 4, 6, 8 and 9 are not the eye witnesses to the incident. Even though the prosecution has failed to prove the negligence on the part of the revision petitioner, both the courts below have wrongly recorded their findings that the revision petitioner was rash and negligent

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