JUDGMENT

GOSWAMI, J.:—The accused Haidarali Kalubhai was convicted by the Sessions Judge, Mehsana, under Section 304 Part II, Indian Penal Code, and was sentenced to rigorous imprisonment for seven years for causing death of Mahomadali Kasamali. He was also convicted under Sections 326 and 323, I. P. C. and sentenced to rigorous imprisonment for two years and to three months respectively in connections with injuries to two other persons. On appeal to the High Court conviction was altered to one under Section 304A, I. P. C. only and the accused was sentenced to rigorous imprisonment for eighteen months and to a fine of Rs. 500/-, in default rigorous imprisonment for six moths.

2. Briefly the facts are as follows:-

It was usual for the deceased Mahomadali Kasamali, who was the Sarpanch of village Nandasan, to spend some hours of the might from 8.00 P. M. to 11.00 P. M. near the Hotel Shanker Vijay which is situated by the side of the highway from Mehsana to Ahmedabad. There is a big open space in front of the hotel towards the north and a kutcha road branches off from the highway towards Dangarwa. This Kutcha road is almost in the centre of the open space in front of the hotel measurin