RAMJEET Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and the learned Counsel for the State.

(2.) RAMJEET has filed this revision against the Judgment and Order dated 20.4.1983 of the II Additional Sessions Judge, Faizabad dismissing criminal appeal No. 254 of 1982 against the Judgment and Order dated 30.8.1982 of the III Judicial Magistrate, Faizabad in Criminal Case No. 617 of 1979 convicting and sentencing the applicant under Section 304- A IPC to one year's R.I. and under Section 279 IPC for three months' R.I.

(3.) THE basic question which stares at the face of the prosecution in case as to how Ram, Khelawan and Deo Narain could name the applicant at the trial. These witnesses have not given any satisfactory explanation for knowing his name since before the incident and the only explanation offered by them is that the accused was often seen plying his bus on the route. No test-identification was held in the present case which could lend countenance to the fact that it was the applicant who was driving the bus. Learned Sessions Judge has observed that it could not be accepted that any body else was driving the vehicle at that time. It is not clear on what basis this observation has been made by the learned Judge. It is for the prosecution to establish that the bus was being driven by the applicant. The evidence in the case falls short of this.