( 1 ) BY this criminal revision, the petitioner challenges the legality and validity of his conviction u/s 304a Indian Penal Code which has been upheld in Appeal by the learned Additional Sessions Judge and also the sentence imposed. The Trial Court had convicted him for offences u/s 304a and 279 of the Indian Penal Code and sentenced to R. I. of one year u/s 304a and to a fine of Rs. 1,000. 00 u/s 279 IPC.

( 2 ) IN appeal, conviction u/s 304a has been upheld. However, the sentence has been reduced to R. I. of six months and in view of conviction u/s 304a Indian Penal Code, the conviction and sentence under Section 279 Indian Penal Code have been set aside.

( 3 ) THE petitioner was charged in that he on 20. 4. 1990 at about 2. 35 P. M. was driving bus No. DEP 6218 in rash and negligent manner started the bus suddenly while the deceased passenger was boarding the bus who fell down and was crushed by the left rear wheel of the bus and died afterwards.

( 4 ) PROSECUTION inter alia had examined Public Witness -1 Priya Swamy and Public Witness -9 Const. Sanwar Mal as eye witnesses. The trial court and the appellate court believed the testimony of these witnesses.

( 5 ) LE