JUDGMENT

H.P. Sandesh, J. - This Criminal Revision Petition is filed to set aside the order dated 31.12.2008 passed by the Additional Sessions Judge, Fast Track Court II, Davanagere in Criminal Appeal No. 101/2006 and the order dated 13.07.2006 passed by the Civil Judge (Jr. Dn.) & J.M.F.C., Honnali in C.C. No. 293/2003 and direct that the petitioner be acquitted of the offences alleged and charged against him.

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

3. The factual matrix of the case of the prosecution is that on 09.03.2003 at about 5.40 a.m. to 6.45 P.M. at Honnali at AMPC Yard Tar Road, while Kum. S. Dakshayani and Sri Vamadevappa were going towards Hirekalmath. At that time, this petitioner drove the Tempo Trax vehicle in rash and negligent manner from Nyamati side and dashed against Kum. Dakshayani and Sri Vamadevappa from behind. As a result, both of them died at the spot. Hence, the police have registered a case for the offences punishable under Sections 279 and 304(A) of IPC read with Sections 134-A and B of Indian Motor Vehicles Act.

4. The prosecution, in order to prove its case, examined 14 witnesses as P.Ws