C.A. VAIDIALINGAM, J.

(1) IN this appeal, by special leave, Mr. R. C. Prasad, learned counsel for the accused-appellant, challenges the order, dated 30/09/1966, of the Patna High court, dismissing the Criminal Revision No. 1378 of 1966, filed against the appellants conviction by the two subordinate courts for offences under S. 279 and 337 and 304-A, Indian Penal Code. The appellant has been sentenced to undergo two years rigorous imprisonment for an offence under S. 304-A. He was also sentenced to 6 months rigorous imprisonment for each of the offences under S. 279 and 337, Indian penal code But the sentences were to run concurrently.

(2) THE case for the prosecution was as follows: The appellant was the driver of Truck No. BRA 8735. On the morning of 10/01/1962, he was driving the truck, when a jeep bearing number BRM 1993 driven by P. W. 4, was coming from the opposite direction from Patna to Motihari. It was alleged that the appellant was driving the truck in a rash and negligent manner, resulting in the truck hitting the jeep violently at about 6.45 a.m. on that day. The jeep was overturned. One Indra Rajwar, who was the Khalasi of the jeep was thrown out