( 1 ) THIS appeal by accused/appellant is directed against the Judgment dated 22/02/2001 and order dated 24th february 2001 of an Additional Sessions Judge convicting him under section 308 Indian Penal Code and sentencing to undergo RI for 4 years.

( 2 ) CASE of the prosecution, in brief, is that on 26/05/1998 information received at PS Chanakyapuri that a person was lying unconscious at the round about of Shanti path and Niti Marg, was recorded in the DD at No. 15-A and copy thereof Ex. PW-10/a was entrusted to ASI Srikant, PW-10 for enquiry. PW-10 alongwith Constable Chotte Lal, PW-4 reached the spot where he found Bus No. DL-IP-8557 standing.

( 3 ) HE also found that conductor of the bus (appellant) had been apprehended by public. PW-10 came to know that the injured had been removed to hospital and driver of the bus fled away. Appellant and bus were taken to the police station by PW-10. On reaching police station PW-10 got the information that injured Yash Pal Devgan, PW-1 had been taken to Safdarjung hospital. He, went There and found the injured admitted but he was declared unfit for making statement by the concerned doctor. On the basis of MLC and other facts PW-10