Judgment

SIKRI, J.

( 1 ) THIS appeal by certificate of fitness granted by the Bombay High Court under Article 134 (1) (c) of the Constitution is directed against its judgment dated december 18, 1964, affirming the conviction of the appellant under section 304-A of the Indian Penal Code, and enhancing the sentences. The Sessions Judge had sentenced the appellant to rigorous imprisonment for 18 months and to pay a fine of Rs. 3,000. 00 or in default to undergo further rigorous imprisonment for six months, under section 304-A, Indian penal Code. The High Court enhanced the sentence of two years rigorous imprisonment and enhanced the fine to Rs. 3,000. 00. The appellant was also convicted under sections 338 and 337, Indian Penal code. The sentences under these sections were also enhanced by the High Court but as the substantive sentences were made to run concurrently, it is not necessary to mention them.

( 2 ) THE principal question which arises in this appeal is whether on the facts found by the High Court the conviction of the appellant under section 304-A, Indian penal Code is right. This will involve consideration of the meaning to be ascribed to the words "negligent" and "rash" in s