NARESH GIRI Vs. STATE OF M.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court dismissing the criminal revision petition filed by the appellant.

(3.) LEARNED counsel for the appellant submitted that the accident took place near the railway crossing which was un -manned. The materials on record show that the engine of the train hit rear portion of the bus. Ultimately it may have been an error of judgment on the part of the appellant and the fact that the engine hit rear portion shows that there was no apparent negligence on the part of the appellant. Therefore, section 302 has no application and at the most it may be section 304A IPC.