These two petitions are by the accused 1 and 3 facing prosecution for offence punishable under Section 304-A read with Section 34 of the Indian Penal Code, 1860 in C.C. No. 776 of 2009 on the file of Principal Civil Judge (Junior Division) and Judicial Magistrate First Class, Dharwad, issuing process against them.

2. The petitions are posted for admission after notice to the respondent-complainant and the State.

3. Heard.

The petitions are admitted and taken up for final disposal.

4. The facts relevant for consideration are:

One Yellanagouda Dharmanagouda Patil lodged a report at Sub-Urban Police Station, Dharwad, stating that on 1-2-1991 his brother Basanagouda Dharmangouda Patil along with 7 to 8 persons were proceeding towards their field situated near Garag Road for harvesting the crops in the trailer of his tractor. When the tractor reached Veerappana Lake after climbing over a mud heap capsized on the left side canal. Due to such mishap, 3 to 4 persons suffered simple injuries and his brother sustained injuries to his thigh. On receiving information about the accident, he rushed to the place of accident, by which time the villagers brought his brother to the District Hospital