1. This Criminal Revision Petition has been preferred by the petitioner/accused under Section 397 read with Section 401 of Cr.P.C. praying to set aside the judgment of conviction and sentence dated 18.07.2011 passed in Crl. A. No. 38/2011 by the Fast Track Court II, Tumakuru confirming the judgment of conviction and sentence dated 03.05.2011 in C.C. No. 992/2008 passed by the Senior Civil Judge & JMFC, Sira and thereby acquit the petitioner. By the judgment of the Trial Court, the accused was convicted for the offences punishable under Sections 279, 337, 338 and 304A of IPC and thereby was sentenced to undergo simple imprisonment for one year for the offence punishable under Section 304A IPC and was sentenced to pay fine of Rs. 1,000/- for the offence punishable under Section 279 IPC, and in default to undergo simple imprisonment for a period of six months. Further the accused was sentenced to pay a fine of Rs. 800/- each for the offences punishable under Sections 337 and 338 of IPC. In default of payment of fine he was to undergo simple imprisonment for a period of 3 months.

2. Heard the learned counsel for the petitioner – accused and the learned Additional SPP for the respondent.

3. The factual matrix of this petition is as under:

One Parameshwarappa S/o Eshwarappa, Nimbapura Kondadahalli, Santhebennur Hobli, Channagiri Taluk, Davanagere District filed the complaint on 16.10.2008 at about 5.15 a.m. to the effect that, he along with others in order to go to Bangalore, had boarded the SRE bus at Channagiri Town on 15.10.2008 at about 10.30 p.m. When the said bus bearing No. KA-16-A-7833 was proceeding towards Bangalore, in the early morning at about 3 a.m. when it was proceeding near Manangi Village on NH-4 road Sira, the front right side tyre of the bus got punctured. Hence, the driver stopped the bus and started changing the tyre. At that time, at about 3.30 a.m. one KSRTC bus bearing No. KA-17-F-987 came from Hiriyur side in high speed and in a rash and negligent manner and dashed to the SRE bus from the back side. As a result of the accident, the relative of the complainant by name M.V. Shivamurthy who was sitting on the back seat sustained severe head injuries and died on the spot. Similarly, 10 to 15 passengers had also sustained injuries. They were taken to Government hospitals at Sira and Hiriyur and were treated for the injuries.

4. On the basis of the said complaint, Sira Town Police registered a case in Crime No. 234/2008 against the petitioner/accused for the aforesaid offences. Subsequently, the case was investigated by the Investigating Officer who laid a charge-sheet against the accused before the Jurisdictional Court.

Subsequent to framing of charge against the accused, the plea of accusation was read over to the accused. The accused pleaded not guilty and claimed to be tried. Hence, the case was proceeded for facing of trial. In order to establish the guilt of the accused, the prosecution examined in all 17 witnesses as PW-1 to PW-17 and got marked 21 documents as Exhibits P.1 to P.21 and closed the evidence. Subsequent to closure of the evidence of the prosecution, the accused was examined as required under Section 313 of Cr.P.C. wherein the accused denied the truth of the evidence of the prosecution adduced so far. He also did not lead any evidence on the part of the defence side.

Subsequently, on hearing the arguments of the prosecutor and the defence counsel relating to the charges levelled against the accused, the Trial Court came to the conclusion that the prosecution has proved the guilt of the accused and convicted the accused for the aforesaid offences. The said judgment of conviction and sentence passed by the Trial Court in C.C. No. 992/2008 was challenged by the accused before the First Appellate Court in Crl. A. No. 38/2011. The said court, by order dated 18.07.2011 passed a judgment confirming the judgment of conviction and sentence passed by the Trial Court. It is these judgments which are und