( 1 ) THIS revisional application is directed against the appellate order dated July 19, 1983 passed by the learned Sessions Judge, Andaman and Nicobar Islands in Criminal Appeal No. 22 of 1982. By the order impugned the learned Sessions Judge has affirmed an order dated October 5, 1982 of conviction under section 304a and section 279 of the Indian Penal Code passed by the learned Judicial Magistrate, 1st Class, Mayabundar in G. R. Case No. 276 of 1978. The accused is the petitioner before us in this revisional application.

( 2 ) ACCORDING to the prosecution, the accused petitioner while driving a motor truck on July 12, 1978 at 10. 30 A. M. ran over a boy named Tannis Dung Dung aged about 9 years at Bijdera on his way, from Panchbati to Rangat. The boy died instantaneously. Such death according to the prosecution was due to rash and negligent driving on the part of the accused petitioner. The petitioner was arrested on the same day and on completion of investigation the police drew up the chargesheet on September 13, 1978. That chargesheet, however, was not filed before the learned Magistrate earlier than April 9, 1979 on which date the learned Magistrate took co