Judgement

GROVER, J.:- This is an appeal by special leave from an order of the Patna High Court dismissing in limine the revision petition filed against the decision of the Courts below convicting the appellant under Sections 304-A and 279, Indian Penal Code, for which a sentence of one year s rigorous imprisonment was imposed under the first charge. No separate sentence was imposed under the second charge.

2. The case of the prosecution briefly was that on July7, 1966 at about 7 p.m. the appellant was driving a bus on a kacha road from Chanudari side to Khargdiha. On the roof of the bus certain corrugated iron sheets were kept. Owing to driving at a high speed there was too much of jolting with the result that some of the iron sheets fell down and hit Latif on the head and also injured some other persons who were going on that road. Latif was admitted as an indoor patient in the Giridh Hospital where he was taken by the appellant in his bus. He, however, died on August 5, 1966.

3. The first information report was recorded at the hospital at 9. A.m. on July 8,1966. This report was based on the statement of Mohd. Hanif who appeared as P. W. 2. Hanif had also received an injury which wa