This revision petition is filed by the petitioner-applicant

under Section 397 read with Section 401 of the Code of

Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for setting aside

the judgment of conviction and order of sentence passed by

the

Additional

Civil

Judge

and

JMFC,

Bailhongal

in

C.C.No.270/2008 for the offences punishable under Sections

279, 337, 304A of Indian Penal Code (for short ‘IPC’) and

Section 187 of Motor Vehicles Act (for short ‘M.V. Act’) and the

same was up held by the II Additional District and Sessions

Judge, Belagavi (hereinafter referred to as ‘first Appellate

Court’) in Criminal Appeal No.45/2012 dated 02.09.2013.

3

2.

Heard the arguments of learned counsel for the

petitioner and the learned High Court Government Pleader.

3.

The ranks of the parties before the Trial Court is

retained for the convenience of the Court.

4.

The case of the prosecution is that the accused

being the driver of the truck bearing No.KA-21/A-5872 drove

his vehicle in rash and negligent manner on 17.02.2008 at

4.30 p.m., near the Horticulture Office on the Bailhongal-

Hosur

road

to

endanger

human

life

dashed

to

the

complainant-PW.3 at his elbow as a result of which his son

was fell