JUDGMENT :

1. Accused in CC No.436/2008 on the file of the JMFC, Lingasugur, has challenged the judgment dtd. 30/3/2012 whereby he was convicted for the offence punishable under Sec. 279 and 304A IPC and sentenced to undergo simple imprisonment for six months and fine of Rs.800.00 with default sentence of simple imprisonment for one month; and simple imprisonment for one year and fine of Rs.3,000.00 with default sentence of simple imprisonment for three months for the offence 279 and 304A IPC respectively, which was confirmed by the judgment dtd. 17/9/2012 of the learned Sessions Judge in CRL.A. No.33/2012.

2. Brief facts which are necessary for disposal of the Revision Petition are as under: Upon a complaint lodged by Veerabhadraiah, s/o. Veeraiah contending that on 17/6/2008 at about 6.20 a.m., near graveyard of Hatti lingasugur Road, Rudrappa @ Palaiah was proceeding on bicycle towards Medinapur from Hutti camp carrying water pots by bicycle, at that time, a cruiser vehicle bearing No.KA-36/B-8979 came from Lingsugur side in a rash and negligent manner and dashed against Rudrappa resulting in his death on the spot. Police registered a case against the accused and after conducting