Revision petitioner-accused has preferred this revision

under Section 397 of Code of Criminal Procedure (for short

‘Cr.P.C’) challenging the order dated 23.09.2014 passed by

the Principal District and Sessions Judge, Chikmagalur in

Sessions Case No.8/2014, dismissing his application seeking

discharge for the offence punishable under Section 304 Part

II of Indian Penal Code (for short ‘IPC’).

2.

Brief and relevant of facts of the case are as

under :

That on Ummer Sab S/o Khalandar Sab lodged a

compliant on 20.01.2013 before Tarikere Town Police Station

alleging, that on 20.01.2013, by loading the vegetable in his

Mahidra Maximo motor vehicle bearing Reg.No.KA-18/A-8799

was moving towards Shimogga along with Gangadharappa on

Kadur-Birur road at about 7.30 p.m. When he was so moving

within the jurisdiction of Bettadahalli Village at about

3

8.30 p.m., the driver of a lorry bearing Reg.No.KA-04/A-

8166 by driving his lorry in high speed and in a rash and

negligent manner came from behind and dashed against the

Mahindra Maximo vehicle from behind. Because of this

impact, the inamate of the Mahindra Maximo Gangadharappa

sustained head injury and the vehicle of the complainant was

damage