Heard the learned counsel for the revision petitioner and

the learned High Court Government Pleader for the

respondent - State. Perused the records.

2.

This revision petition is filed by the accused, who

suffered an order of conviction in C.C.No.370/2010 on the

file of the JMFC, Devadurga by Judgment dated 14.01.2015,

whereby, he has been convicted for the offences punishable

under Sections 279, 337, 338 and 304-A of the Indian Penal

Code, 1860 (for short ‘IPC’) and under Section 187 of the

Indian Motor Vehicles Act, 1988 (for short ‘IMV Act), which

was modified in Criminal Appeal No.5/2015, on the file of the

II Principal Sessions Judge, Raichur by judgment dated

30.01.2016.

3. Brief facts of the case are as under:

A complaint came to be lodged by one Hanumantha

S/o. Siddanna, Devadurga police registered a case in Crime

3

No.37/2010 for the offences punishable under Sections 279,

337, 338 and 304-A of IPC and under Section 187 of IMV

Act. In the complaint, it is contended that the complainant

had

three

sons

and

a

daughter

and

her

daughter

Basalingamma was studying in 7^th standard. In order to get

a photograph for the purpose of examination, himself and his

daughter Basalingamma were proceeding to Arakera village

and they were standing in the bus stand at about 3.15 p.m.,

at that juncture, a Tata pick up van bearing No.KA-36/9927

came there and they contracted to proceed in the said

vehicle and they boarded the same on the back side of the

vehicle. The driver of the said vehicle drove the said vehicle

in a rash and negligent manner and as such, in order to

avoid a girl, who was crossing the road, he steered the

vehicle on the left side and because of the rash and negligent

driving, the vehicle turtled. After dashing the said girl,

himself and her daughter got injured and the girl, who was

moving on the road sustained grievous injuries and was died.

The driver of the vehicle left the vehicle there itself and ran

away from the spot. The police after registering the case,

4

investigated the matter and filed the charge sheet against

the accused for the aforesaid offences.

4.

The presence of the accused was secured before

the learned Magistrate and plea was recorded. The accused

pleaded not guilty and as such, trial was held.

5.

In order to prove the case of the prosecution,

prosecution in all examined 10 witnesses as PWs.1 to 10 and

relied on 14 documentary evidence, which were marked and

exhibited as Exs.P1 to P14.

6.

On conclusion of the prosecution evidence,

accused statement as contemplated under Section 313

Cr.P.C was recorded, wherein accused denied all the

incriminatory

circumstances

found

in

the

prosecution

evidence. However, accused did not choose to lead any

evidence nor place his version on record by adducing oral

evidence or by filing a written submission as is contemplated

under Section 313(5) Cr.P.C.

5

7.

Thereafter, learned Magistrate heard the parties

in detail and after considering the oral and documentary

evidence on record, convicted the accused for the aforesaid

offences and sentenced as under:

Offences

Imprisonment

Fine

Default

sentence

Section 279

of IPC

One year simple

imprisonment

Rs.1,000/-

Simple

imprisonment

for six months

Section 338

of IPC

Six

months

simple

imprisonment

Rs.1,000/-

Simple

imprisonment

for 45 days

Section

304-A

of

IPC

Two years simple

imprisonment

Rs.3,000/-

Simple

imprisonment

for six months

Section 187

of IMV Act

-

Rs.500/-

Simple

imprisonment

for 15 days

8.

Being aggrieved by the same, accused preferred

an appeal in Criminal Appeal No.5/2015. The learned Judge

in the First Appellate Court after securing the records and

hearing the parties in detail, allowed the appeal in part by

maintaining the order of conviction of the accused for the

offences punishable under Sections 279, 337, 338 and 304-A

of IPC and under Section 187 of IMV Act and set aside the

sentence passed by the trial Magistrate for the offence

6

punishable under Section 279 of IPC and held that both

substanti