This petition is preferred by the accused/petitioner

being aggrieved by the judgment of conviction and

sentence passed against him in C.C.No.34/2012 dated

19.08.2014 by learned Civil Judge and JMFC, Chintamani

for the offences punishable under Sections 279, 337 and

304A of the Indian Penal Code (hereinafter referred to as

the ‘IPC’ for brevity) and such a sentence being confirmed

by learned II Additional District and Sessions Judge,

Chickaballapur (sitting at Chintamani) in Criminal Appeal

No.54/2014 dated 15.10.2015.

2.

The parties to this revision petition are referred

as per their rank before the Trial Court for the purpose of

convenience.

Facts of the case:

3.

That complainant by name Shri. Muniswamy

S/o. Late Bachappa gave a statement on 07.08.2011 at

8.40 p.m. by appearing before the Police Sub-Inspector,

Rural

Police

Station,

Chintamani

stating

that,

on

06.08.2011 at about 8.00 p.m. when he was in his house,

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received a telephone call stating that, his brother’s son

Narasimha Reddy S/o. Late Venkateshappa aged 30 years

while moving on two wheeler on Hero Honda vehicle

bearing registration No.KA-02/EQ-2670 at about 7.20 p.m.

on that day met with an accident because of rash and

negligent driving of a jeep bearing registration No.KA-

07/M-3174 being driven by its driver in rash and negligent

manner near Madikeri cross on Srinivasapura, Chintamani

road and has sustained injuries. The said injured was

taken to government hospital for treatment.

4.

Immediately, he went to the scene of offence,

noticed the damages caused to Hero Honda and went to

the hospital and got the information that, one Narayan

Reddy S/o.Venkat Reddy resident of Kalluru village and

others have shifted Narasimha Reddy to NIMHANS

hospital, Bengaluru. Therefore, complainant along with a

resident of his village K.K. Manjunath S/o.Krishna Reddy

went to Bengaluru to the said NIMHANS hospital. He

noticed that, the said Narasimha Reddy was unconscious

and was not able to speak. He had sustained head injuries

and other injuries on other parts of the body.

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5.

With these allegations a complaint came to be

filed and a criminal law was set in motion. The said

complaint was marked as Ex.P.1.

6.

The said complainant went to Chintamani Rural

Police Station on 08.08.2011 at 8.30 a.m. and gave

another statement stating that, the injured Narasimha

Reddy because of the accidental injuries sustained by him

inspite of giving treatment, he breathed his last at 3.30

a.m. on 08.08.2011. Initially the crime was registered in

Crime No.219/2011 of Chintamani Rural Police Station for

the offences under Sections 279, 337 of IPC. Based on

further statement as per Ex.P.3, Section 304A of IPC was

inserted.

7.

The Investigation Officer after completion of the

investigation

by

following

all

the

formalities

of

investigation, filed the charge sheet against the accused

person for the offences punishable under Sections 279,

337 and 304A of IPC.

8.

To substantiate the allegations made in the

charge sheet prosecution in all examined 13 witnesses and

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got marked as Ex.P.1 to P.12 and closed the prosecution

evidence.

9.

On hearing the arguments and on evaluation of

the evidence, the learned jurisdictional Magistrate found

the accused guilty for the offences punishable under

Sections 279, 337 and 304A of IPC and sentenced him to

undergo simple imprisonment for 6 month for the offence

punishable under Section 279 of IPC and to pay fine of

Rs.1000/-, for the offence punishable under Section 337 of

IPC he was sentenced to undergo simple imprisonment for

6 months and to pay fine of Rs.500/- and for the offence

punishable under Section 304A of IPC, the accused was

sentenced to undergo simple imprisonment for 1 year and

to pay fine of Rs.8000/-. Out of fine amount so deposited

Rs.7000/- was ordered to be released as compensation to

the legal representatives of the deceased Narasimha

Reddy with a direction to run the sentences concurrentl