S.M. SIKRI, J.

(1) THE appellants) Kishan Chand and Waryam Singh having obtained Special Leave, have appealed against their conviction under Section 304-A and Section 337, Indian Penal Code. The Cantonment Magistrate, Ambala Cantt. convicted both of them. On appeal the learned Additional Sessions Judge acquitted Kishan Ghand but maintained the conviction of Waryam Singh. Waryam Singh filed a revision before the High court and the State filed an appeal against the acquittal of Kishan Chand. The High court dismissed the revision of Waryana Singh, but allowed the appeal of the State and convicted Kishan Ghand under Section 304-A and Section 337, Indian Penal Code.

(2) MOST of the facts have been found concurrently and the only question is whether on the facts proved in the case it can be held that the appellants were rash or negligent within the meaning of Section 304-A.

(3) THE accident occurred on 5/04/1964, at about 12.35 p.m. on the Mall in Ambala Cantonment. The Mall is a wide road and at one point Mess Road crosses it at a right angle. The width of Mess Road is about 21 ft., but the Mall Road is winter. A collision took place between three vehicles at one en