Heard learned counsel for the applicant and learned public Prosecutor for the State.

2. The applicant is challenging the Judgment and Order dated 18-3-1997 passed by the Additional Sessions Judge, Pune in Cri. Appeal No.308/1993, arising out of Judgment and Order dated 22-9-1993 passed by the Judicial Magistrate First Class, Khed, in Criminal Case No.482/1987 whereby the applicant was convicted by both the lower courts for an offence punishable u/s.279 of IPC and sentenced to suffer S.I. for three months and to pay fine of Rs.100/- and in default to suffer S.I. for one week. He was further convicted for the offence punishable u/s.304-A of IPC and sentenced to suffer S.I. for six months and to pay fine to Rs.500/- and in default to suffer S.I. for one month.

3. Brief facts which are relevant for the purpose of deciding this application are as under:

The applicant was driving his vehicle i.e. Truck No.MTF-8518 on the Pune-Nashik Highway and when his vehicle came near Varkad locality, a lady got down from another truck which has came from the opposite direction and suddenly crossed road and dashed against applicant's vehicle and crushed to death below rear wheel of the applicant