JUDGMENT

H.P. Sandesh, J. - Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

2. The factual matrix of the case of the prosecution is that on 16.11.2007 at about 1.00 p.m. near Karaganahally bus stop on Sabbanahally - Malali Road, this petitioner being the driver of the mini lorry drove the same in a rash and negligent manner and dashed against the children of C.W.5 by name Pallavi, Pavithra and also against C.W.8 Suresh and C.W.9 Manjula. As a result, they have sustained simple injuries and one child Pallavi succumbed to injuries. Based on the complaint lodged by P.W.1, case has been registered, matter has been investigated and filed the charge-sheet for the offence punishable under Sections 279, 337, 338 and 304A of IPC. The prosecution in order to prove the case examined P.W.1 to P.W.16 and got marked the documents at Exs.P.1 to 8(a). On the other hand, the petitioner did not lead any defence evidence. The Trial Court after considering both oral and documentary evidence placed on record, convicted the petitioner for all the offences and substantive sentence is for one year for the offence punishable under