ORDER

B.V. Pinto, J.—This criminal revision petition is filed by the petitioner challenging the order of conviction dated 1.7.2008 passed by the Judicial Magistrate First Class, II Court, Bidar in CC No. 553 of 2006 convicting the petitioner for the offence punishable under Sections 279, 337, 338 and. 304A of the Indian Penal Code, 1860 and sentencing him to 6 months simple imprisonment and a fine of Rs.1,000 for offence under Section 338 of IPC and further sentencing him to 6 months simple imprisonment and a fine of Rs.1,000 for offence under Section 304A of IPC in default simple imprisonment for one month each on both accounts.

2. The case of the prosecution is to the effect that the petitioner being the driver of Tipper bearing registration No. AP 13/W 6516 drove the same in a rash and negligent manner from Kamathana towards Bidar and dashed against the tractor bearing registration No. KA 38T 872 and 873 coming from the opposite director, thereby he has caused the death of one Ahmed Shah s/o Mahiboob Shah, and caused grievous injuries to Anil Kumar, Santosh, Alison, Jeevan and Nagappa, thereby he is alleged to have committed the offences mentioned above. The prosecution in orde