The accused's guilt was established based on the material evidence presented by the prosecution, including witness testimonies and documentary evidence. The court applied the principles of Section 313 of Cr.P.C and held that the accused failed to provide any explanation for the accident. The court also relied on previous judgments to uphold the conviction and sentence imposed by the lower courts.

ORDER :

Revision petitioner-accused being aggrieved by the judgment of learned Principal District and Sessions Judge, Gadag (hereinafter referred as ‘First Appellate Court’ for brevity) in Criminal Appeal No.12/2013 dated 03.02.2014, preferred the present Criminal Revision Petition.

2. Parties to the revision petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

3. The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 14.10.2010 at about 11:30 p.m, on Ron-Belavanaki public road, accused being driver of tractor bearing No.KA.37/T8805 drove the same with high speed in rash and negligent manner and on account of such actionable negligence, trailer of tractor loaded with cement bags was capsized. Due to which, Siddappa and Manjunath died on the spot. Whereas CWs.1, 8 to 11 sustained injuries. It is further alleged that accused has failed to provide medical aid to the victims of the accident and did not inform about accident to the nearest police station. On these allegations, investigating officer filed charge-sheet.

4. In response to the summons, accused has appeared before the trial court through counsel. The trial Court after being prima-facie satisfied framed the accusation against accused and pleaded not guilty and claimed to be tried.

5. Prosecution in order to prove the accusation leveled against accused relied on the evidence of PWs.1 to 12 and documents Exs.P.1 to 12. On closure of the prosecution evidence, statement of accused under Section 313 of Cr.P.C, came to be recorded. Accused denied all the incriminating material evidence appearing against him and claimed that false case is filed. Trial Court after appreciating the evidence on record convicted the accused for the offences punishable under Sections 279, 337, 304(A) of Indian Penal Code (hereinafter referred as ‘IPC’ for brevity) and Section 187 of Indian Motor Vehicles Act (hereinafter referred as ‘M.V.Act’ for brevity) and imposed sentence as per order of sentence.

6. The said judgment of conviction and order of sentence was challenged by accused before First Appellate Court in Criminal Appeal No.12/2013. The First Appellate Court on re-appreciating the material evidence on record, dismissed the appeal and confirmed the judgment of conviction passed by trial Court. However, modified imposition of sentence for the offence under Section 304A of IPC by retaining the sentence of other offences.

7. Revision petitioner-accused challenged the judgment of First Appellate Court in confirming the judgment of conviction and modified order of sentence contending that both the Courts below have not properly appreciated the evidence of PWs.1, 4 and 6 to 8 who are the injured witnesses in the accident with reference to the spot features recorded in spot panchanama-Ex.P.2. The evidence of material witnesses does not speak anything about the culpable rashness or negligence in driving the tractor by accused leading to the accident in question. The mere fact that there are two deaths and four persons injured in the accident by itself does mean that driver of tractor was negligent in driving the vehicle. The approach and appreciation of oral and documentary evidence by both the Courts below and the findings recorded, are not based on legal evidence. Therefore, prayed for allowing the revision petition and to set-aside the judgment of both the Courts below. Consequently, to acquit the accused from the accusation leveled against him.

8. In response to the notice, learned HCGP has appeared for respondent-State.

9. Heard the arguments of both sides.

10. The prosecution alleges that on 14.10.2010 at about 11:30 p.m, accused being the driver of tractor bearing No.KA.37/T.3805 on Ron-Belavanaki public road drove with high speed in a rash and negligent manner and as a result, the trailer loaded with cement bags attached to the tractor was capsized. Due to which, Siddappa and Manjunath succumbed to injuries an