JUDGMENT

Dr. Arijit Pasayat, J. —

1. We have heard learned counsel for the parties.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab & Haryana High Court allowing the Criminal Revision Petition No. 145/1995 filed by the respondent herein filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter for short the ‘Code’). The learned Chief Judicial Magistrate, Bhiwani by order dated 18th March, 1994 found the respondent guilty of offence punishable under Sections 279 and 304A of the Indian Penal Code, 1861 (hereinafter for short the ‘IPC’) and sentenced to undergo RI for a period of one year and to pay a fine of Rs.1,000/- and in default to further undergo RI for a period of three months. The appeal filed before the Sessions Judge, Bhiwani did not bring any relief to the respondent. Thereafter, as noted above, the Revision Petition was filed which was allowed by the impugned order.

3. It is the case of the prosecution that on 13.2.1990, one Kanshi Ram (hereinafter referred to as ‘the deceased’) was hit by a bus belonging to Haryana Roadways while coming from the side of the Bus Stand. Being hit by the bus, Kanshi