Judgment

SARKARIA, J.:- By a short order we had allowed this appeal by special leave directed against a judgment, dated March 22, 1978 of the High Court of Karnataka, and acquitted the appellant. We now give our reasons in support of that order.

2. On March 18, 1974 at about 8-30 p.m., the appellant was driving a passenger bus No. MYM-5859 on Dharampura-Hiriyur Road towards Hiriyur. When the bus reached a place from where a kacha path bifurcates for village Hariyabbe, a girl named Gundamma, aged about 4 years, ran across the road. The appellant swerved the vehicle towards the extreme right side of the road. In spite of it, the child was hit and died at the spot. A complaint was lodged by the Patel of the village, Gunde Gowda, at Hariyabbe Police Station. The Station House Officer (P.W. 7) after registering a case, reached the spot and sent the dead body of the child for post-mortem examination, and recorded the statements of witnesses, including some of the passengers in the Bus.

3. On these facts, the appellant was sent up for trial before the Judicial Magistrate, 1st Class, Chitradurga, who convicted him under Section 304A of the Indian Penal Code and sentenced him to six months sim