Proper appreciation of evidence, inconsistencies, and reasonable doubt are crucial in determining the sustainability of judgments.

JUDGMENT/ORDER

1. The revision petitioner has filed this revision petition under Sec. 397 r/w 401 of Cr.P.C. to set aside the judgment dtd. 12/9/2014 passed by the Principal District & Sessions Judge, Dharwad, in Crl.A.N.15/2013 and also to set aside the judgment of conviction and order of sentence dtd. 9/1/2012 by the II Addl. Civil Judge & JMFC II Court, Dharwad, in C.C.No.593/2009.

2. The brief facts leading to the filing of this petition are as follows:

2.1 On 12/2/2009, around 9.30 p.m., on the Marewad-Karadigudda road, near the house of Basayya Hiremath (C.W.13) at Thimmapur village, the accused, who is the driver of a tractor trailer bearing registration No. KA-25/T6467-68, drove the same from Marewad towards Karadigudda village in a rash and negligent manner so as to endanger human life. As a result, the inmates of Minidoor C.W.4 to C.W.8 sustained simple injuries. One Yallappa, father of the complainant sustained grievous injuries and later succumbed to them on 13/2/2009 at 4.30 a.m. at the hospital. The accused ran away from the spot without reporting the incident. Thus, accused has committed the offence punishable under Ss. 279 and 304A of the IPC and Sec. 134 r/w 187 of the Motor Vehicles Act, 1988 (for short, 'MV Act').

3. After investigation the Investigating Officer has charge-sheeted against the accused for the alleged commission of offenses. After taking cognizance, the case was registered in C.C.No.593/2009 and a plea was recorded under Sec. 251 of Cr.P.C. The accused having understood the same, has pleaded not guilty and claimed to be tried.

4. To prove the case of prosecution, in all 14 witnesses have been examined as P.W.1 to P.W.14 and 13 documents were got marked as Exs.P-1 to P-13. On closure of prosecution side evidence, the statement under Sec. 313 of Cr.P.C. was recorded as to the incriminating evidence found against the accused in the language known to him. Accused has totally denied the evidence of prosecution witnesses, but he has not chosen to lead any defence evidence on his behalf.

5. On hearing the arguments, the trial court has passed the impugned judgment of conviction and order of sentence. Being aggrieved by this judgment of conviction and order of sentence, accused has preferred an appeal in Crl.A.No.15/2013. The said appeal came to be partly allowed. The conviction of accused for the offence punishable under Sec. 134 r/w 187 of MV Act is maintained, however, sentence was modified. In view of this modification, accused is sentenced to undergo simple imprisonment for 1 year for the offence punishable under Sec. 304A of IPC and pay a fine of Rs.1, 000.00 for the offence punishable under Sec. 187 of the MV Act. Being aggrieved by this judgment, accused has filed this revision petition. SUBMISSIONS OF PETITIONER COUNSEL:

6. Learned counsel for the petitioner has submitted his arguments that both the Courts have not properly appreciated the evidence on record in accordance with law. P.W.4 - Shankarappa Yallappa Sabarad is the elder brother of C.W.1 and son of Yallappa and driver of minidoor vehicle bearing registration No.KA31/2661. He has deposed in his evidence that accused/driver of the tractor came from opposite side, then he took his vehicle towards right side of the road as there was no place towards left side, then the Minidoor vehicle went and fell into the ditch. This evidence of P.W.4 reveals that there is no negligence on the part of accused. The evidence of P.W.1 and contents of Ex.P-1 are quite inconsistent to the evidence of PW.4.

6.1. Further it is submitted that in spot panchanama - Ex.P-2 and MV Report-Ex.P-10 it is clearly stated that there is no damage caused to the tractor, but the damages have caused to the Minidoor vehicle bearing registration No.KA31/2661. This Minidoor vehicle being a goods vehicle, has carried 7 passengers, which is not permissible under law. Though accident occurred due to the negligent act of the driver of Minidoor vehicle, the tractor is falsely impl