The present revision petitioner was the accused in the Court of the JMFC I at Hubballi (for brevity referred to as the ‘Trial Court’) in CC No.2113/2007 against whom the complainant-police had filed a charge sheet for the offence punishable under Sections 279, 304 A of IPC and under Section 134 r/w. Section 184 of Motor Vehicles Act.

2. The allegation leveled against the accused in the charge sheet of the complainant-police is that on 01.04.2007 at about 7:15 p.m. the accused being the driver of a lorry bearing registration No.KA-25/B-2985 drew the lorry at about 6:15 p.m. in front of Gateway Bar and Hotel near under bridge on Gadag road in Hubballi in a rash and negligent manner so as to endanger human life or likely to cause hurt or injury to any other and in the result he hit a cyclist by name one Sri. Shivanna from his hind side, due to which accident said Shivanna sustained injuries and succumbed to it. It is also alleged that the driver of the offending lorry left the place without informing the occurrence of the accident to the nearest police station. Since the accused not pleaded guilty the trial was held wherein the prosecution examined 11 witnesses from PW-1 to PW-1