JUDGMENT :

Rajendra Badamikar, J.

1. This criminal revision petition is filed under Sec. 397 r/w Sec. 401 of Cr.P.C. seeking to set aside the judgment of conviction dtd. 30/10/2012 passed by the District and Sessions Judge, Uttara Kannada, Karwar in Crl.A.No. 119/2010 confirming the judgment conviction and order of sentence dtd. 30/9/2010 passed by the JMFC, Ankola in C.C.No. 345/2007 and sought for acquittal of the accused/revision petitioner.

2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial court.

3. The brief facts leading to the case are that, on 9/5/2007 at about 8.30 a.m. on NH-17 at Aversa in Ankola Taluk, accused has driven his lorry bearing No. KA28/A-4597 from Ankola towards Karwar in a rash and negligent manner so as to endanger to human life and public safety and dashed to the oncoming motorcycle bearing No. KA-30/E-7163 from the opposite side and thereby the rider of the motor cycle succumbed due to injuries on the spot. In this regard, a complaint came to be lodged and the Investigating Officer after investigation of the crime has submitted the charge sheet under Ss. 279 and 304-A of IPC.

4. After sub