O R D E R

Petitioner-accused has challenged the judgment of confirmation of conviction and order of sentence passed in Crl.A. No.90/2017 on the file of Prl. District ad Sessions Judge, Chikkamagaluru, dated 23.2.2018 whereby the said first appellate Court has confirmed the judgment of his conviction and order of sentence passed in Crl.Case No.570/2015 dated 22.06.2017 by the I Addl. Sr. Civil Judge and JMFC., Chikkamagaluru.

2. The brief and relevant facts leading upto this revision petition are as under:

That one Madhu S/o Marilingegowda filed a complaint on 12.08.2014 by appearing before the SHO of Chikkamagaluru Rural Police Station at 4 p.m. alleging that, himself and his brother Shanthegowda were traveling on his motor bike No.KA 18 W-8990 Star City Motor Cycle Near Lakya cross they stopped their bike near a hotel for the purpose of taking tea. After taking tea, they were coming towards their motor bike. At that time one motor bike bearing re. KA-18/K-0973 ridden by Paramesh of Nareguddanahalli with pillion rider his wife came from Lakya side towards Chikkalamagaluru. When they were so moving from Lakya cross to Chikkamagaluru, at that time, one Ramashetty also had parked his APE vehicle bearing Regn.No. KA 16 B-3783 which was loaded with coconuts under the tree standing by the side of the road. At that time, the said Ramashetty of Laxmipura also came out from the tea hotel and came near the APE vehicle. It was about 1.15 p.m. At that time, one petrol tanker moving towards Kadur side, came in high speed in a rash and negligent manner and the driver of the said tanker drove his lorry towards Chikkamagaluru and dashed against the motor cycle ridden by Paramesh. Because of this accident, both fell down and Paramesh and his wife died on spot, so also the cleaner of the offending lorry. He also dashed against the complainant so also his brother Shanthegowda and they sustained injuries. Thereafter, it dashed against APE vehicle and also dashed him. Thereafter lorry dashed to a tree stationed by the side of the road. Because of this accident, 3 persons injured as well as 3 persons died on the spot. With these allegations, he lodged a complaint before PW.8 one Mudalagiriyappa S/o.Govindappa the then PSI of Chikkamagaluru Rural Police Station. Based upon Ex.P9 the complaint, he registered the crime in Crime No.341/2014 and set the criminal law in motion, submitted the FIR to the Court as per Ex.P20.

3. P.W.9 G. Krishnaraju, the then Circle Inspector Chikkamalagaluru Rural Police Station took up the investigation, after completion of all the formalities of the investigation, filed the charge sheet against the accused before I-Additional Senior Civil Judge and JMFC, Chikkamagalur.

4. To prove the guilt of the accused prosecution in all PWs 1 to 10 and Ex.P1 to P21 and closed prosecution evidence.

5. The learned trial Court, on hearing the arguments and on evaluation of the materials on record, found the accused guilty of committing the offences and under Sections 279, 304A of IPC and under Section 187 of Indian Motor Vehicle Act and sentenced him as under:

Accused has been convicted u/s

255(2) of Cr.P.C. for the offence punishable u/S 279, 337, 338, 304(A)

IPC and Sec. 187 of IMV Act, Accused is sentenced to pay a fine of Rs.1,000/- for the offence punishable u/S 279 IPC. In default of payment of fine amount, he shall undergo simple imprisonment for 04 months.

Accused is hereby sentenced to pay a fine of Rs.500/- for the offence punishable u/S 337 IPC. In default of payment of fine amount, he shall undergo imprisonment for 02 months.

Accused is hereby sentenced to pay a fine of Rs.1,000/- for the offence punishable u/s 338 IPC. In default of payment of fine amount, he shall undergo simple imprisonment for 04 months.

Accused is hereby sentenced to undergo simple imprisonment for 02 years and to pay a fine amount of Rs. 10,000/- for the offence punishable u/S 304(A) IPC. In default of payment of fine amount, accused shall further undergo simple