( 1 ) THE respondent herein Bhiya Husein Koreja of Nani Chirai was tried in summary case No. 672/78 by the learned judicial Magistrate First Class Anjar under the charge that on 10-8-78 he had driven a truck bearing No. GTY 3725 in a rash and negligent manner on account of which he caused the death of one Vijay Amratlal and was consequently charged for having committed the offences under sections 279 337 and 304-A of the Indian Penal Code read with sections 116 and 112 of the Motor Vehicles Act. It appears that the accused pleaded not guilty to the charges levelled against him in consequence of which the trial had commenced. Thereafter the prosecution had examined witness Madhusudan Jayantilal (P. W. 1) who supported the Prosecution case.

( 2 ) MADHUSUDAN Jayantilal was studying in the 8th standard. He deposed that on 10-8-1978 he was returning from the school in the evening and at that time he was accompanied by his costudent deceased Vijay Amratlal. The witness was riding the cycle and the deceased Vijay Amratlal had sat on the pillion but he did not find himself comfortable on the pillion. Therefore he got down. The witness was then riding the cycle slowly and de