JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted.

2. The question which arises in this appeal is whether the conviction of the appellant for the offence punishable under Section 308 of the Indian Penal Code (IPC) can be sustained.

RELEVANT FACTUAL ASPECTS

3. The present appellant is accused No. 2. The accused no. 1 was the driver of a stage carriage bus. The appellant-accused No. 2 was the conductor, and accused No. 3 was the cleaner. PW-1 Josia (injured) was at the relevant time studying in 8th standard. She along with her younger sister Jovan, PW-7, were waiting at the Karithambu bus stop for boarding a bus for going to their school. According to the prosecution case, after the bus reached the said bus stop, PW-7 Jovan boarded the bus followed by two other girls. There was a rush for boarding the bus. When PW-1 Josia tried to board the bus by putting her one leg on the footboard of the bus, accused no. 3 pushed her down with his hands while he was standing on the footboard of the bus. The girl fell down on the road and came under the left rear wheel of the bus. She sustained serious injuries including fracture of pelvis. The allegation against the appellant was that without waiting for