JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the order passed by the learned Single Judge of the Kerala High Court. By the impugned order the appellant was found guilty of the offence punishable under Section 304 Part II of the Indian Penal Code, 1860 (in short ‘IPC’). Learned Sessions Judge, Kozhikode, had convicted the appellant for the offence punishable under Section 304 Part II IPC. The High Court found the same to be in order. Custodial sentence of five years was confirmed.

2.The background facts in a nutshell are as follows :

“A boy aged 10 years residing in a hostel of the Tribal Welfare Department, while he was a student of 4th standard in a nearby school, was run over by a bus driven by the appellant in the middle of the road. The investigation by the police revealed that there was evidence to the effect that even the passengers in the bus were alarmed of the enormous speed in which it was being driven and had cautioned the driver to stop even crying, as they had seen the school children crossing the road in a queue. The investigation also revealed that even the children crossing the road had raised both hands for stopping the vehicle. The passengers an