(1.) THIS is revision filed by the petitioner against his conviction and sentence under Sections 304A and 279, Indian Penal Code.
(2.) THE prosecution case is that on 18.2.1984 the petitioner was driving a tractor with attached trolley. Ram Chander and another person were sitting in the tractor-trolley which (trolley) was also carrying thrasher. The tractor was proceeding from the side of Mohna Bus Stand towards Ghainsa. It is further case of the prosecution that the tractor was being driven at a fast speed. When the tractor-trolley reached Chitrawali Pokhar, one of the trolley-incumbents (Ram Chander) fell off the trolley while his clothes got entangled in it. As a result, he was dragged to a considerable distance. It was thereafter only that the petitioner stopped the tractor. Ram Chander was transported in that very tractor-trolley to Civil Dispensary, Mohna, where he died soon after reaching there. Shiv Dutt PW 1, Sohan Lal PW 2 and Babu Ram PW 7 witnessed the occurrence.
(3.) I have considered the arguments and find some merit in the same. The prosecution has not led any evidence to disclose the identity of the second man who was present in the trolley along with the deceased. He has not been cited as an eyewitness nor any explanation is given why he was not being produced. He was the best man to know how the deceased fell down from the trolley but this evidence has not been brought on the file.