ORDER

The revision petitioner has preferred this revision petition against the judgment of conviction and order of sentence dated 03.10.2013 passed in C.C.No.443/2009 by the Court of the Civil Judge & JMFC, Gundlupet (hereinafter referred to as 'Trial Court' for short) which is confirmed by the judgment dated 08.02.2016 passed in Crl.A.No.35/2013 by the Prl.District and Sessions Judge, Chamarajanagar (hereinafter referred to as 'Appellate Court' for short).

2. For the sake of convenience, the parties in this revision petition are referred to as per their status and rank before the Trial Court.

3. The brief facts of the prosecution is that on

14.05.2009 at about 4.45 p.m., accused being the driver of Maruthi Bus bearing Reg.No.KA-09-D-99 drove the same from Thereakanambi to Chamarajanagar public way in a rash and negligent manner so as to endanger the human life and personal safety of others, dashed to one pedestrian called Bogaiah due to which he died at the spot and driver of the said bus ran away from the spot. Thereby the accused have committed offence punishable under Section 134 of Indian Penal Code and Section 184 of Indian Motor Vehicles Act.

4. After filing of charge sheet, cognizance was taken by the Trial Court and the case was registered in C.C.No.443/2009. In pursuance of the summons, the accused have appeared before the Court and enlarged on bail. Charge framed and read over and explained to the Accused. Having understood the same accused pleaded not guilty and claimed to be tried.

5. To prove the guilt of the accused, 9 witnesses were examined as PWs.1 to 9 and 11 documents were got marked as Exs.P1 to P11. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C. was recorded against the accused and the accused totally denied the evidence of prosecution witnesses and do not choose to adduce any evidence on their behalf. On hearing both sides, the Trial Court has convicted the accused for the offence punishable under Section 279, 304A of Indian Penal Code and Section 184 of Indian Motor Vehicles Act. and sentenced to undergo simple imprisonment for a period of one and half year for the offence punishable under Section 279 and 304A of Indian Penal Code and also sentenced to undergo simple imprisonment for a period of six months for the offence punishable under Section 184 of Indian Motor Vehicles Act. Being aggrieved by the judgment of conviction and order of sentence passed by the Trial Court, the accused has preferred an appeal in Crl.A.No.35/2013 and the same was partly allowed on 08.02.2016. In view of this order, the judgment of conviction under Section 279 and 304A of Indian Penal Code is confirmed but sentence is modified by imposing a fine of Rs.1,000/- for the offence punishable under Section 279 of Indian Penal Code and shall undergo simple imprisonment for one month. Further, the accused is directed to undergo simple imprisonment for six months and to pay fine of Rs.3,000/- for the offence punishable under Section 304A Indian Penal Code and in default of payment of fine, he is directed to undergo simple imprisonment for one month. Being aggrieved by this judgment of conviction and order of sentence, the revision petitioner/accused has preferred this revision petition.

6. Learned counsel appearing for revision petitioner/accused submits that both the Courts have committed error in appreciating the evidence on record and PW.1 is not an eyewitness to the incident. Ex.P1 - complaint reveals that he is not an eyewitness to the incident. PW.3 has partly supported the case of prosecution and treated as hostile witness even though he has admitted in his cross-examination. PWs 4 and 9 are said to be eyewitnesses to the incident and have not supported the case of prosecution. Absolutely there is no evidence as to the rash and negligent act on the part of the accused. Further, the Trial Court has convicted the accused and it is not sustainable under law. On all these grounds, he sought to allow