Jamuar, J.

1. This is an appeal by the State against an order passed by the Subdivisional Magistrate of Chaibassa, dated 5th July 1950, acquitting the respondent, Mangal Singh, who was tried under Sections 279, 338 and 304A, Penal Code.

2. The following facts led to the trial of the respondent. On 30th November 1949, the respondent was the driver of a bus whose No. was BRS 570 and which was plying on the Chai-cassa-Kathbhari Road. At some time between 4-30 and 5 in the afternoon of that date, the bus left Chaibassa. There were a number of passengers in the bus. After going for a distance of 3 or 4 miles, a signal was made by one Mathura Ho (P. W. 2), who was the Kolhan Inspector in the Revenue Department, to stop the bus. This Inspector said that at the time he was going home on a cycle after Court hours along the Kathbhari Road, he heard the sound of a bus coming. He wanted to catch the bus, as it was getting late. The witness said that the bus was going with great speed, and two of the wheels went inside a nala which, was by the side of the road. The bus appears to have got sut of this nala and come on the road, & then it capsized with the four wheels upwards.

The result