(1.) This revision petition is filed challenging the judgment dtd. 31/7/2012, passed by the learned Fast Track Court-III, Hospet, in Criminal Appeal No.11/2012, confirming the judgment of conviction and order of sentence dtd. 10/1/2012, 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 Ss. 279, 304(A) of Indian Penal Code (for short 'IPC') read with Sec. 183 of Indian Motor Vehicle Act (for short 'MV Act').
(2.) Brief case before trial Court is that on 13/3/2010 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 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 Sec. 279, 304-A of Indian Penal Code (for short 'IPC') read with Sec. 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 Sec. 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.300.00 for the offence punishable under Sec. 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.500.00 for the offence punishable under Sec. 304(A) of IPC in default of payment of fine accused shall further undergo simple imprisonment for a period of one month. The accused was also sentenced to pay fine of Rs.100.00 for the offences punishable under Sec. 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.