JUDGMENT :

1. This criminal revision petition is filed to set aside the judgment dtd. 7/7/2005, passed by Civil Judge (Jr. Dn.) and JMFC, Belthangady, D.K. in C.C.No.131/2001 and judgment dtd. 31/10/2012 passed by the Additional Sessions Judge, Fast Track Court at Puttur, D.K., in Criminal Appeal No.246/2005.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution before the Trial Court is that on 13/11/2000 at about 4.00 p.m., the accused being the driver of the bus, drove the same in a rash and negligent manner on Belthangady-Mangaluru Public Road and thereby, at Madanthyar of Malady Village, dashed against the auto rickshaw coming from opposite direction and caused grievous to the inmates of the auto rickshaw and one among them succumbed to the injuries. Based on the complaint, the police have registered the case, investigated the matter and filed the charge-sheet.

4. The prosecution, in order to prove the charges, examined the witnesses as P.Ws.1 to 7 and got marked the documents as Exs.P1 to P12.

5. The Trial Court, after considering both oral and document