In this petition filed under Section 397 r/w Section

401 Cr.P.C, accused challenged his conviction and

sentence for the offence punishable under Section 134 r/w

187 of Motor Vehicles Act.

2.

For the sake of convenience, the parties are

referred to by their rank before the trial Court.

3.

Initially trial Court convicted the accused for the

offences punishable under Sections 279, 304-A I.P.C and

Section 134 r/w 187 of IMV Act.

4.

In the appeal filed by the accused, though the

Sessions Court set aside his conviction for the offences

punishable under Sections 279 and 304-A I.P.C., it has

confirmed his conviction and sentence for the offence

punishable under Section 134 r/w 187 of IMV Act. It has

also enhanced the punishment of simple imprisonment

from one month to three months.

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5.

A charge sheet came to be filed against the

accused alleging that on 20.10.2010 at about 1-45 p.m,

on Shikaripura - Shivamogga Road, in front of Nandihalli

Cross, accused being the driver of Tractor-trailor bearing

Registration No.KA-15/T-6608-6609, drove the same in a

rash or negligent manner so as to endanger human life

and dashed against Darshan, S/o Panchakshrappa, aged

about 7 years, who was