Judgment

PALEKAR, J. : This is an appeal by special leave from the order of conviction and sentence passed by the High Court of Andhra Pradesh. The appellant, who was a Bus Driver, had been charged before the leaned Munsif Magistrate, Alampur, for offences under sections 304A, 338 and 337-IPC, but was acquitted. The State Government appealed against the acquittal to the High Court and the High Court has convicted him under all those sections and sentenced him to suffer rigorous imprisonment for two years under section 304A, IPC and made the other sentences to run concurrently with the same. Hence the present appeal.

2. The appellant was the Driver of a R. T. C. Bus APZ 1672 and was driving the vehicle on 1-1-1966 from Kurnool to Vanaparthy. The bus left Kurnool at about 6.15 A.M. and reached Railway level crossing gate between Alampur Road Station and Monopad Railway Station at about 6.30 or 7.00 A.M. The level crossing is in charge of a gateman and it is the duty of the gateman to close the gate when a train is expected to pass by. It is an admitted fact that at the time when the appellant with his bus reached the level crossing the gate was open. The appellant passed through the ga