This revision petition is filed by the accused, challenging

the judgement of conviction and order of sentence passed by

the

Additional

Civil

Judge

and

JMFC,

Hosadurga

in

C.C.No.232/2011 dated 27.02.2013 and confirmed by the

Additional and Sessions Judge, Chitradurga in Crl.A.No.40/2013

dated 04.06.2015.

2.

For the sake of convenience, parties herein are

referred with the original ranks occupied by them before the

trial Court.

3.

The brief factual matrix leading to the case are as

under:

On 12.11.2010 at 11:00 am in Huliyar to Hosadurga main

road near Aralahalli gate, opposite to the garden land of

Gurusiddappa, the accused being the driver of the bus bearing

No.KA.17-B-88 (Vijiya Bus) drove it in a rash and negligent

manner with excess passengers in the bus. As a result, he lost

control over the bus and the bus toppled over the right side of

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the road, resulting in simple and grievous injuries to CWs.2 to

45 and CWs.74 to 77. It is also alleged that, the inmates of the

bus by name Kumari Pooja, Ambika, Ramesha and Chandrappa,

suffered fatal injuries and succumbed at the spot. In this

regard, the complainant has lodged a complaint and on the

basis of the complaint, the crime was registered in Shrirampura

Police station in Crime No.135/2010. After investigation, the

investigating officer submitted the charge sheet against the

accused for the offences punishable under Sections 279, 337,

338 and 304(A) of IPC and Section 177 of I.M.V. Act.

4.

The learned Magistrate on the basis of charge sheet

has taken cognizance of the offences and issued process

against the accused. Accused has appeared through his

counsel and was enlarged on bail. He was also provided with

prosecution papers as contemplated under section 207 of

Cr.P.C. The plea under Sections 279, 337, 338 and 304(A) of

IPC and Section 177 of I.M.V. Act, is read over and explained to

the accused. The accused has pleaded not guilty and claimed

to be tried. To prove the guilt of the accused, the prosecution

has examined in all 8 witnesses and also placed reliance on 15

documents marked at Ex.P.1 to Ex.P.15.

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5.

After conclusion of the evidence of the prosecution,

the statement of accused under Section 313 of Cr.P.C. is

recorded to enable him to explain the incriminating evidence

appearing against him in the case of the prosecution. The

case of accused is of total denial. However, he has not lead

any evidence in support of his defence.

6.

After hearing the arguments and after appreciating

the oral and documentary evidence, the learned Magistrate has

convicted the accused by imposing sentence of imprisonment

as well as fine. This order is being challenged by the accused

before the Additional and Sessions Judge, Chitradurga in

Crl.A.No.40/2013. The learned Sessions Judge after re-

appreciating the oral and documentary evidence, dismissed the

appeal by confirming the judgement of conviction and order of

sentence passed by the learned Magistrate. Against, these

concurrent findings, the accused/revision petitioner is before

this Court by way of the revision.

7.

Learned counsel for the revision petitioner did not

choose to appear before the Court to advance the arguments.

Since, this is a revision filed under Section 397 of Cr.P.C., and

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the matter is pending since 2015, this Court exercised the

powers under Section 403 of Cr.P.C. by perusing the records.

8.

Learned High Court Government Pleader would

support the judgment of conviction and order of sentence

asserting that, all the witnesses have supported the case of the

prosecution.

9.

It is the contention of the prosecution that, on

12.11.2010, at 11:00 am on Huliyur-Hosadurga main road,

near

Aralahalli

gate

opposite

to

the

garden

land

of

Gurusiddappa, accused being the driver of the private (Vijiya

bus) bearing registration No.KA.17-B-88 drove it in a rash and

negligent manner with excess passengers and in the process

lost control over the vehicle, which has resulted in toppling of

t