(1.) THIS is an appeal directed by the Accused -Appellant, Appu against the order of the Chief Presidency Magistrate convicting him for offences under S. 304 -A, I. P. C. and under Section 116 of the Motor Vehicles Act.
(2.) THE accusation against the accused is that he was driving the bus MSR 2639 of the State Transport Department in a rash and negligent manner and endangering public safety on 12th March 1970 at about 6.15 p.m., along Poonamallee High Road and knocked down a cyclist by name Shanmugham (deceased), as a result of which he sustained fatal injuries).
(3.) AT about 6.30 p.m., P.W. 3, Dr. Viswanathan, treated Shanmugham for his injuries and Ex. P. 1 is a coy of the Accident Register.