H.B. Prabhakara Sastry ORDER
Dr. H.B. Prabhakara Sastry, J.
1. The present revision petitioner was the accused in the Court of the JMFC I at Hubballi (for brevity referred to as the Trial Court') in CC No. 2113/2007 against whom the complainant-police had filed a charge sheet for the offence punishable under Sections 279, 304 A of IPC and under Section 134 r/w. Section 184 of Motor Vehicles Act.
2. The allegation leveled against the accused in the charge sheet of the complainant-police is that on 01.04.2007 at about 7:15 p.m. the accused being the driver of a lorry bearing registration No. KA-25/B-2985 drew the lorry at about 6:15 p.m. in front of Gateway Bar and Hotel near under bridge on Gadag road in Hubballi in a rash and negligent manner so as to endanger human life or likely to cause hurt or injury to any other and in the result he hit a cyclist by name one Sri. Shivanna from his hind side, due to which accident said Shivanna sustained injuries and succumbed to it. It is also alleged that the driver of the offending lorry left the place without informing the occurrence of the accident to the nearest police station. Since the accused not pleaded guilty the trial was held wherein the prosecution examined 11 witnesses from PW-1 to PW-11 and got marked documents from Ex. P-1 to Ex. P-15 and closed its side. Neither any witness was examined nor any documents were marked as exhibits from the accused side. The trial court by its Judgment and order on sentence dated 02.02.2010 held the accused guilty for the offence punishable under Sections 279, 304 A and under Section 134 r/w. Section 187 of the M.V. Act. The accused was sentenced to undergo simple imprisonment for a period of six months and to pay a fine of ` 2,000/- and in default of payment of fine, to undergo simple imprisonment for two months for the offence punishable under Section 304 A of IPC. No separate sentence was ordered for the offence punishable under Section 279 of IPC.
3. Aggrieved by the said Judgment of conviction and order on sentence, the appellant preferred an appeal in Criminal Appeal No. 12/2010 in the Court of the I Addl. District and Sessions Judge, Dharwad, sitting at Hubballi (for brevity referred to as Sessions Court) which also by its Judgment dated 31.12.2010 dismissed the appeal confirming the Judgment of conviction and order on sentence passed by the Trial Court. It is against the said Judgment of the Sessions Court in Criminal Appeal No. 12/2010, the appellant has preferred this Criminal Revision Petition. Respondent is being represented by learned HCGP. Lower Court Records were called for and the same are placed before this Court.
4. Learned counsel for the petitioner in his argument while reiterating the contention taken up by the petitioner in his memorandum of petition submitted that there is no cogent material to prove the alleged guilt of the accused. The courts below ignored the fact that near the place where the alleged accident has taken place there were speed breakers and traffic signals, as such, it was impossible for the all........