MRIDULA BHATKAR, J.

1. This Appeal is preferred against the judgment and order dated 29.1.2011 passed by the Additional Sessions Judge, Nashik thereby convicting the appellant/accused for the offences punishable under Sections 304(II), 279, 337, 338 of the Indian Penal Code and also for the offence punishable under Sections 184 and Section 66(1) punishable under 192-A of the Motor Vehicles Act.

2. It is the case of the prosecution that a luxury bus bearing No. MH-01-L-6956 carrying 81 passengers went to Saptashrungi Temple in District Nashik on 18.1.2008. The appellant was a driver of the said vehicle. The bus started return journey from Saptashrungi Gad at about 9.30 p.m. The road was having several turns and when the bus travelled half a distance, the appellant/driver lost his control. The bus was in excessive speed and while taking U turn, it broke the safety wall and straightway fell in the deep valley. The appellant/driver jumped out of the bus at that time. However, out of 81 passengers in the bus, 41 passengers died and remaining 40 passengers were injured. The case was registered with Abhona Police Station at C.R. No. 05 of 2008 on 21.1.2008 against the appellant/dri