Judgment

ALAGIRISWAMI, J.:- These two appeals are by special leave granted by this Court against the judgment of a learned Judge of the Andhra Pradesh High Court. By that judgment the learned Judge set aside the conviction of the lst respondent of offences under Secs. 304-A, 337, 338 and 427 I.P.C. passed by the 3rd City Magistrate, Hyderabad and confirmed on appeal by the Principal Sessions Judge, Hyderabad. The facts giving rise to these appeals are as follows.

2. In the evening of the 4th June,1967 seven young men, including the 1st respondent whom we shall hereinafter refer to as the accused, went in a Herald car, driven by the accused, from Hyderabad to Secunderabad and were passing along the Tank Bund Road connecting the two cities. There was an accident in which the car and a scooter were involved as a result of which the rider of the scooter died and one of the occupants of the car died a few days later. P.Ws. 3 and 4 were the eye witnesses to the accident and P.Ws. 5, 6 and 7, who were among the occupants of the car, were treated as hostile and cross-examined by the prosecution. D.W. 1 was also one of the eye witnesses. Both the trial Court as well as the appellate Court on