This Criminal Revision Petition under Section 397 of Code

of Criminal Procedure, 1973 (for short 'Cr.P.C') has been filed

by the petitioner challenging the judgment and order of

conviction and sentence passed by the J.M.F.C, (III Court),

Mangalore,

D.K,

(for

short

the

'Trial

Court)

in

C.C.No.5131/2010 dated 27.06.2014 which was confirmed by

the VI Additional District & Sessions Judge, Dakshina Kannada,

Mangalore

(for

short

the

'Appellate

Court')

in

Crl.A.No.156/2014 dated 20.10.2018.

2.

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for respondent -

State..

3.

Brief facts of the case leading to filing of this

petition as revealed from the records that may be necessary for

disposal of this petition are, on 31.03.2010 at about 12.30 p.m,

at Kodakkal Kannuru Village, Mangalore Taluk, the petitioner

who was driver of the Lorry bearing registration no.CNG-9856

drove the same in National Highway toward B C Road on wrong

side of the road in a rash and negligent manner and dashed

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against the Ambassador Car bearing registration no.KA-21-

3033 which was coming from BC Road side to Mangalore on the

left side of the road. In the said accident, CWs.1, 2 and 5

sustained grievous injuries while CWs.3 & 4 sustained simple

injury. One Smt. Jameela who had also sustained grievous

injuries in the said accident subsequently succumbed to the

same on her way to hospital. CW1, who had sustained grievous

injuries also succumbed to the same on 20.04.2010 when he

was undergoing treatment for the said injuries in the Highland

Hospital, Mangalore. The statement of CW1 was recorded in the

hospital by CW26 and based on the same, a case was

registered against the petitioner in Crime no.89/2010 by the

jurisdictional police for the offences punishable under Sections

279, 337, 338 & 304(A) of IPC. After investigation, a charge

sheet was filed against the petitioner for the aforesaid offences.

4.

The petitioner had appeared before the Trial Court

and claimed to be tried. In order to substantiate its case, the

prosecution had examined 11 witnesses as PWs.1 to 11 and

also got marked 20 documents as Exs.P1 to P20. The

petitioner-accused

had

denied

all

incriminating

material

available on record against him during his Section 313 of

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Cr.P.C., statement. However, he did not choose to lead any

defence evidence nor any documents were marked in support

of defence. The Trial Court thereafter, heard the arguments and

passed the impugned judgment and order dated 27.06.2014

convicting the petitioner for the offences punishable under

Sections 279, 337, 338 & 304(A) of IPC and sentenced him to

undergo simple imprisonment for 6 months and pay fine of

Rs.2,000/-, in default to pay fine to undergo Simple

Imprisonment for 1 month for the offence under Section 279 of

IPC. For the offence punishable under Section 337 of IPC, the

petitioner was sentenced to undergo Simple Imprisonment for 1

month and fine of Rs.500/-, in default to pay fine to undergo

Simple Imprisonment for 10 days. For the offence punishable

under Section 338 of IPC, the petitioner was sentenced to

undergo Simple Imprisonment for 6 months and pay fine of

Rs.2,000/-, in default to pay fine to undergo Simple

Imprisonment for 1 month and for the offence punishable under

Section 304(A) of IPC, the petitioner was sentenced to undergo

Simple Imprisonment for 6 months and to pay fine of

Rs.2,000/-

in

default

to

pay

fine

to

undergo

Simple

Imprisonment for 1 month. All sentences were directed to run

concurrently. Being aggrieved by the said judgment and order,

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the petitioner had filed an appeal in Crl.A.No.156/2014 which

was partly allowed by the Appellate Court on 20.10.2018 and

the sentence imposed by the Trial Court was modified. It is in

this factual background, the petitioner is before this Court in

this revision petition.

5.

Learned counsel for the petitioner submits that the

Courts below have erred in convicting the petitioner for the

alleged