JUDGMENT

Dr.Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court convicting the appellant who had been acquitted by the learned Judicial Magistrate, Ist Class, Nurpur, Kangra. The appellant was the driver of a bus of the Himachal Pradesh Road Transport Corporation ( in short the ‘Corporation’). According to the prosecution version on 19.11.1991 while he was driving the vehicle, the bus had stopped at a bus stop. One passenger after alighting from the bus went to its roof top for the purpose of unloading his luggage. The accused without waiting for a signal from the conductor and without verifying if all the passengers who were to board, had boarded and who were to alight had alighted, all of a sudden started the bus as a result of which the said passenger fell down and sustained injuries. He was carried to the hospital where he succumbed. A case was registered. On complaint of investigation, charge sheet was filed and he pleaded innocence. He was charged for commission of offences punishable under Sections 279, 337 and 304 of the Indian Penal Code, 1860 ( in short ‘IPC’). Eight witnesses were examined to furt