THIS

DAY,

COURT

DELIVERED

FOLLOWING:

2

ORDER

This

revision

petition

is

filed

challenging

the

judgment dated 31.07.2012, passed by the learned Fast

Track Court-III, Hospet, in Criminal Appeal No.11/2012,

confirming the judgment of conviction and order of

sentence dated 10.01.2012, passed by the Addl. Civil

Judge and JMFC., Hospet, in C.C.No.2093/2010, wherein

the petitioner-accused was convicted for the offences

punishable under Sections 279, 304(A) of Indian Penal

Code (for short ‘IPC’) read with Section 183 of Indian

Motor Vehicle Act (for short ‘MV Act’).

2.

Brief case before trial Court is that on

13.03.2010 at about 4:00 p.m, the complainant and his

son-in-law by name Ramesh were riding on their bicycles

from Mariyammanahalli towards Hospet carrying plastic

pots. At that time, accused being the driver of Tipper lorry

bearing No.35-C 9666 drove the same in a rash and

negligent manner so as to endanger human life or safety of

others dashed against the bicycle of said Ramesh near

water filter tank on N.H. No.13. Immediately after

3

occurrence of the accident, the driver of the lorry ran away

from the spot. The said Ramesh sustained grievous injuries

on his head and thigh and they succumbed to the injuries.

The case has been registered for the offences punishable

under Section 279, 304-A of Indian Penal Code (for short

‘IPC’) read with Section 183 of Indian Motor Vehicle Act

(for short ‘IMV’ Act) against petitioner.

3.

Learned Magistrate after considering evidence

of PWs.1 to PW.10 and Exs.P1 to P10 and also statement

of accused under Section 313 of Cr.P.C., convicted the

accused for the above said offences and sentenced the

accused to undergo simple imprisonment for a period one

month and fine of Rs.300/- for the offence punishable

under Section 279 of IPC in default of payment of fine

accused shall further undergo simple imprisonment for a

period of one month. The accused is also sentenced to

undergo simple imprisonment for a period of six months

and fine of Rs.500/- for the offence punishable under

Section 304(A) of IPC in default of payment of fine accused

shall further undergo simple imprisonment for a period of

4

one month. The accused was also sentenced to pay fine of

Rs.100/- for the offences punishable under Section 183 of

IMV Act, in default of payment of fine accused shall

undergo simple imprisonment for two days. The same was

challenged before first appellate court by filing the appeal,

which also came to be dismissed by impugned order.

Hence, this revision petition.

4.

Heard Shri Manjunath G.Patil, the learned

counsel for the revision petitioner and Smt. Girija

Hiremath.,

the

learned

HCGP

for

respondent-State.

Perused the records of the trial Court and also the

impugned judgments of both the Courts.

5.

Learned counsel for the revision petitioner

argued that the judgment of conviction and order of

sentence passed by the trial Court and also first appellate

Court are bad in law. The Courts failed to appreciate the

evidence and not considered the evidence regarding rash

and negligent driving. PW.1-Dharmappa is the father-in-

law of deceased. Except the self serving statement of PW.1

nothing is elicited to substantiate the case of prosecution.

5

PW.6 is said to have witnessed the incident from the

distance where the lorry was parked by the side of the

road and it was not possible to see what had happened on

the road at the spot. Both the Courts have overlooked it.

PWs.1 and PW.6 are the interested witnesses. PWs.2 and 4

have not supported the case. The essential ingredients of

Sections 279 and 304(A) of IPC are not produced. PW.8-

G.Panduranga, who is the police officer, admitted that the

complaint was not written by the complainant and it is

written by his staff. The evidence of PW.10-Tulajappa

Shankrappa is not trustworthy. Therefore, the said

conviction has resulted in miscarriage of justice. Hence, he

prays to allow the petition.

6.

Against this, learned HCGP supported the

judgment of trial Court and appellate