O R D E R

Assailing the judgment dated 31st August 2020 in Crl.Appeal No.10007/2020 on the file of V Addl.District and Sessions Judge, Shivamogga sitting at Sagar confirming the conviction imposed against the petitioner/accused by the judgment dated 17th November 2019 on the file of the Court of Sr.Civil and JMFC, Soraba for the offences under Section 279, 304A of IPC and Section 3 181 & 192 of IMV Act but, modified the sentence of imprisonment directing the accused/petitioner to undergo simple imprisonment for a period of one year and to pay fine of Rs.1,000/- for the offence under Section 304A of IPC, in default of payment of fine, the accused shall undergo further simple imprisonment for one month, the petitioner is before this Court.

2. The accused is also sentenced pay a fine of Rs.500/- for the offence p/u/s.Sec.3 read with Sec.181 of IMV Act in default he shall undergo simple imprisonment for fifteen days., the petitioner/accused has filed this present criminal revision petition under Section 397 read with Section 401 of Cr.PC, 1973 (hereinafter referred as `Cr.PC').

3. The case was admitted on 21.01.2021 and the sentence of imprisonment imposed against the petitioner/accused was suspended vide orders dated

21.01.2021 itself in this criminal revision petition.

4. The facts leading upto this revision petition are as under:

That one Jaffer Shariff S/o.Sattar Khan filed a complaint on 15.09.2015 before the Police Sub-Inspector, Soraba Police Station stating that, he is the resident of the address so stated in the complaint. A neighbour by name Fairoze B, is his aunt. Her son Muzamil after completion of his Diploma used to attend his work at Sagara from Ankaravalli Village everyday. As usual on 15.09.2015, the said Muzamil went to his duties from his house at 8.30 a.m. on his motor bike bearing Regn.No.KA-15-J-8816. At about 8.45 a.m., when the complainant was in the house, he received a call to his mobile number stating that at about 8.30 a.m. in the morning, one Ambika Bus bearing Reg. No.KA-20-C-6197 has caused accident to the motor bike driven by Muzamil. It is stated that because of the rash and negligent driving by the driver of the said bus, the accident has taken place on Tattikere- Sagar Road near the house of one Chandrappa. Because of the impact, the said Muzamil sustained injuries on his right leg, head and he has sustained grievous injuries on his person. Immediately, complainant, one Yusuf and Chandusheelagowda, Agarkhan went to the said place and noticed the falling of the said injured at the scene of offence. The front portion of the said motorbike was damaged. The said bus was also there and damages were seen on the bus also. Immediately all of them shifted the injured to Government Hospital, Soraba, but, doctor on medical examination, declared him as brought dead. It is alleged that because of rash and negligent driving of the bus by its driver, the said accident has taken place.

5. With these allegations, he filed a complaint before PW.9 Ramesh K.B. the then ASI of Soraba Police Station at 10.15 a.m. Based upon that complaint, PW.9 registered the crime in Crime No.182/2015 of Soraba Police Station, prepared FIR as per Ex.P13 and set the criminal law in motion.

6. PW.5 G.V.Ganeshappa the then PSI of Soraba Town Police on taking up the investigation, went to the scene of offence and conducted the inquest panchanama on the dead body of the deceased, prepared the scene of offence panchanama, sent the dead body for post mortem, seized the mini bus as well as the motorbike of the deceased, recorded the statements of witnesses. After completion of investigation and after following all the formalities, he filed charge sheet against the accused for the aforesaid offences.

7. To bring home the guilt of the accused, the prosecution in all examined nine witnesses as PWs.1 to 9 and got marked Ex.P1 to P13 with respective signatures thereon and also MO No.1 the CD and closed prosecution evidence. The learned JMFC, Soraba on