MAHESH KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Though nobody appears for the petitioner, with the help of learned Public Prosecutor I have perused the record and the two impugned decisions convicting the petitioner for having committed offences punishable under Sections 279, 337, 338 and 304A IPC.

(2.) The date of the accident is 5th March, 1985. The petitioner was the driver of the Roadways Bus. The festival of Holi was 3 days away. Polling had taken place in the area. It was the last bus plying from Sirohi to Jodhpur. The bus was over-loaded. Being the last bus, some people climbed on to the roof of the bus and when it was crossing under a bridge, one person on the roof of the bus fell down due to he hitting the slab of the bridge above.

(3.) The appellate court has discussed this aspect in para 32 of the judgment while giving benefit of probation to the Conductor of the bus as under:- ...[VERNACULAR TEXT OMITTED]...