MOHD SADIK Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the order dated 21-6-1975 passed by the Sessions Judge of Saharanpur in Cr. Appeal No. 79 of 1975 confirming the conviction of the applicant under Section 304-A and the sentence of two years' R. I. under that section.

(2.) THE prosecution case is that on 13-9-1973 at about 1-30 P. M. one Sunit Kumar aged about 14 years, who was going on a cycle towards the clock-tower on Ambala Road near Darpan Talkies in the city of Saharanpur, was knocked down by bus No. USV 5226, was crushed and run over by the left wheels of the bus resulting in his instantaneous death on the spot. The bus was being driven by the applicant who was said to be driving the bus rashly and negligently. The applicant had taken the defence that the boy was knocked down by another bus which speeded away and the applicant who was behind that bus had stopped his bus and was wrongly implicated in this case. His defence was not accepted and both the courts below found the prosecution case proved.

(3.) THIS revision has been pressed on the question of sentence only.