ORDER :

1. The revision petitioner i.e. accused in C.C. No. 208/2011 on the file of Principal Civil Judge and JMFC, Bagalkot (for short “Trial Court”) being aggrieved by the judgment of conviction and order on sentence passed by the Trial Court vide judgment dated 11.11.2011 convicting and sentencing him for the offence punishable under Section 279, 338 and 304-A of IPC and confirmed by the II-Additional District and Sessions Judge, Bagalkot (for short “I-Appellate Court”) in Criminal Appeal No. 77/2011 vide judgment dated 01.09.2015, has filed this revision petition.

2. For the sake of convenience, the parties to this petition are referred to as per their rank before the Trial Court.

3. The facts leading to the case of the revision petitioner-accused in brief are as under:

That, on 19.11.2010 at 3.45 p.m. the accused being the driver of KSRTC Bus bearing registration No. KA-29/F-848, drove his bus in rash and negligence manner towards Kaladagi from Bagalkot via Gaddanakeri, near I.B. of Kaladagi village and dashed against the motorcycle bearing registration No. KA-29/J-6929 driven by Yallappa Kulageri along with pillion rider-Mallikarjuna Devatagi. In the said accident, both Yallappa and Mallikarjuna sustained simple and grievous injuries. Due to accidental injuries suffered by the pillion rider, he succumbed to the injuries. With these allegations, complaint was filed which was registered in Crime No. 95/2010 of Kaladagi Police Station and criminal law was set in motion.

4. Before the Trial Court, to bring home the guilt of the accused, the prosecution, in all, examined ten witnesses PW-1 to PW-10 and got marked Ex.P1 to Ex.P10 with respective signatures thereon. During the course of cross-examination, certain portions of complaint as well as statements of PW-5, PW-6 and PW-7 recorded under section 161 of Cr.P.C. were marked.

5. Learned Trial Court on hearing the arguments and on assessment of the evidence, found the driver of KSRTC guilty of committing offences punishable under section 297, 338 and 304-A of IPC and sentenced him as under:

“(A) For the offence punishable U/Sec.279 of Indian Penal Code, an accused shall undergo simple imprisonment for thirty days and shall liable to pay fine of Rs. 1,000/- (One Thousand Only) and in default of payment of fine, he shall undergo simple imprisonment for fifteen days.

(B) For the offence punishable U/Sec.338 of Indian Penal Code, an accused shall undergo simple imprisonment for two months and shall liable to pay fine of Rs. 1,000/- (One Thousand Only) and in default of payment of fine, he shall undergo simple imprisonment for fifteen days.

(C) For the offence punishable U/Sec.304(A) of Indian Penal Code, an accused shall undergo simple imprisonment for six months and shall liable to pay fine of Rs. 3,000/- (Three Thousand Only) and in default of payment of fine, he shall undergo simple imprisonment for thirty days.

All sentences of imprisonment shall run concurrently.

As per the provisions of Sec.357 (A) of Cr.P.C. an accused is liable to pay the compensation amount of Rs. 20,000/- to the dependent of deceased Mallikarjun Deevatagi and Rs. 5,000/- to the injured person by name Yallappa Kulageri.”

6. This judgment of conviction and order on sentence was challenged by the accused before the Appellate Court by preferring an appeal in Crl. Appeal No. 77/2011. The I-Appellate Court on hearing the arguments and on evaluation of the evidence, confirmed the said judgment of conviction and order on sentence passed by the Trial. This is how the revision petitioner-accused is before this Court challenging both the judgments passed against him by both the Courts below.

7. It is submitted by the learned counsel for the petitioner-accused that, he being bus driver has taken all precautions to avoid the accident. When he was moving his bus by crossing the road circle, it was the rider of the motorcycle came in high speed in a rash and negligent manner in the middle of the road without anticipating any vehic