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This criminal revision petition is filed under Section 397 (1) read with Section 401 of the Cr.P.C., seeking to set aside the judgment passed by Hon'ble Principal District and Sessions Judge at Haveri in Crl.Apl.No.59/2012 dated 21.08.2015 and to set aside the judgment passed by the Principal Civil Judge (Jr.Dn.) and JMFC at Haveri in C.C.No.507/2009 dated 21.11.2012 offence under Sections 279, 337, 304A of IPC under Section 134(A)(B) read with Section 187 of MV Act may kindly be set aside by allowing this revision petition by acquitting the petitioner.

2. Parties are referred to as per their rank in the Trial Court for convenience.

3. The brief facts of the case of the prosecution are that:

3.1 On 02.03.2009 at about 10:00 a.m., accused being the driver of lorry bearing registration No.KA-16/D-279, drove his vehicle from Hangal towards Haveri in a rash and negligent manner and near Varun Farm gate belonging to Veeranagoudra of Aladkatti village dashed to an autorickshaw (Tum Tum vehicle) bearing Reg.No.KA-27/8613 by overtaking and the autorickshaw turtled down and due to the accident on Shankrappa Nagappa Garasi and auto driver Chandru Jadigondar seriously injured and Shankrappa Garasi succumbed to the injuries on 21.03.2009 at Govt. Hospital, Haveri.

8. During the course of cross-examination of PW.7-Sharanappa Shankarappa Garasi the son of the deceased has clearly stated in his evidence that his father has taken treatment for 15 days in KIMS Hospital and one day he was admitted to the District Hospital, Haveri. Further he has stated that the KIMS doctor has informed

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him that his father has recovered and accordingly the doctor has discharged his father from the hospital and he took his father through his friend's autorickshaw. During the course of cross-examination of Doctor-PW.5 Gopal who has conducted the PM examination of the deceased has clearly admitted that he has not mentioned in the PM report as to the age of the injury found on the dead body. Further he has admitted that he cannot say whether the injuries found on the dead body are PM injuries and anti mortem injuries. Further he has admitted that he has not verified the X-ray and case sheet of the deceased prior to PM examination. PW.6-Suresh Adiveppa Sagari, PSI has admitted in his evidence that the deceased Shankrappa Garasi was admitted to the Government Hospital, Haveri on 02.03.2009 thereafter, he has been shifted to KIMS Hospital for higher treatment and he has not enquired the medical officer on which date the injured was discharged from KIMS Hospital and he has also admitted that he has not collected the wound certificate of the deceased.

ORDER i. The revision petition is partly allowed. ii. The judgment of conviction and order of sentence for the commission of offences punishable under Section 304(A) of IPC in CC.No.507/2009 on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC,

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Haveri dated 21.11.2012 which is confirmed by the learned Principal District and Sessions Judge, Haveri in Crl.Appeal No.59/2012 dated 21.08.2015 is set aside. iii. The accused is acquitted for the offence of punishable under Section 304(A) of IPC. iv. The accused is convicted for the offence punishable under Section 279 of IPC and shall pay a fine amount of Rs.500/-, in default of payment of fine amount, the accused shall undergo simple imprisonment for one(1) month.