ORDER

Heard Sri. Prabhakar for revision petitioner and Sri. Vinay Mahadevaiah, learned High Court Government Pleader for the respondent.

2. Accused who is the driver of a tempo bearing No.KA-07-2635 was charge sheeted for the offence punishable under Sections 279, 337, 338 and 304(A) of IPC after due Trial who was convicted for the aforesaid offences in CC.No.63/2010 and sentenced as under:

"The accused is convicted under section 255(2)

Cr.P.C., for the offences punishable under sections

279,337, 338 and 304(A)of IPC.

The accused is sentenced to undergo Simple Imprisonment for a period of six months for the offence punishable under Sec.304(A) of I.P.C.

The accused is hereby sentenced to pay a fine of Rs.500/- for the offence punishable under Sec.279 of I.P.C.

The accused is also sentenced to pay a fine of Rs.500/- for the offence punishable under Sec.337 of I.P.C.

Further the accused is hereby sentenced to pay a fine of Rs.500/- for the offence punishable under Sec.338 I.P.C.

In default, the accused shall undergo simple imprisonment for a period of one month".

3. Order of conviction and sentence has been confirmed in Crl.A.No.47/2015. Thereafter, accused has filed this revision petition before this Court.

4. Facts in brief which are utmost necessary for disposal of the revision petitioner are as under:

5. A complaint came to be lodged with the Chikkaballapura rural Police Station on 22.11.2007, contending that complainant along with 30-35 persons were proceeding in the tempo bearing No.KA-07-2635 to visit Nandeeshwara temple at Nandi hills. While returning from the said place, the group wanted to visit Nandi hills in the same vehicle. After visiting Nandi hills, on returning at about 05:15 pm near 31st curve on the Nandi hills road, driver of the vehicle drove the vehicle in a rash and negligent manner and tempo got capsized and fell down to 3rd curve. The inmates of the tempo sustain simple and grievous injuries. Public and on lookers informed the police.

6. Police arrived on the scene and shifted the injured persons to Chikkaballapura Government hospital and some of the injured persons who have suffered grievous injuries to Victoria hospital, Bengaluru.

7. Among the injured persons one Komu Yerrappa S/o Pedda Byanna did not survive and he lost his life in Rajiv Gandhi T.B. Hospital on 04.12.2007 at about 06:30 a.m. Police after registering the case conducted a detailed investigation and filed charge sheet against the accused.

8. Presence of the accused was secured and charges were framed. Accused pleaded not guilty. Therefore, Trial was held.

9. In order to prove the case of the prosecution, 15 witnesses were examined as PWs.1 to 15 and as many as 23 documents were placed on record which were executed and marked as Exs.P1 to P23 comprising of Statement of Gangulappa, Mahazar witnesses, Inquest report, Postmortem report.

10. Despite of granting sufficient time, prosecution could not secure the presence of the investigation officer and therefore trial was concluded.

11. Thereafter accused statement as is contemplated under Section 313 Cr.P.C. was recorded. In the said statement, accused has denied all the incriminatory circumstances including the accident and the fact that he was the driver of the tempo as on the date of accident.

12. Thereafter, learned judge heard the parties and after considering the oral and documentary evidence placed on record on behalf of the persecution, convicted the accused and sentenced him as referred to supra.

13. Being aggrieved by the judgment of conviction and order of sentence passed by the learned Trial Magistrate, accused preferred an appeal before the district Court, Chikkaballapura in Crl.A.No.47/2015.

14. The learned Judge in the First Appellate Court after securing the records and hearing the parties in the light of the grounds urged on behalf of the accused-appellant, not only re-appreciated the material evidence on record concurred with the finding of conviction passed by the Trial Magistrate but also su