( 1 ) THIS Criminal Revision Application is filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 [for short "code"], in order to challenge the judgment and conviction order dated 13. 10. 1993, rendered by the learned Sessions Judge, Bhavnagar in Criminal Appeal No. 32 of 1989, who dismissed the same and confirmed the judgment and conviction order dated 26. 07. 1989 passed by the learned Judicial Magistrate, First Class, Sihor, in Criminal Case No. 101 of 1988. By the aforesaid judgment, the learned Magistrate of the trial Court has convicted the present petitioner for the offences punishable under Sections 279, 337, 304-A of I. P. C. and under Sections 112, 116, 118 and 85 of the Motor Vehicles Act, 1939 and sentenced the petitioner to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000-00 and in default of payment, the petitioner was required to suffer further simple imprisonment for one month.

( 2 ) THE facts of the prosecution case before the trial Court may be briefly stated as follows :- 2. 1 on 26. 01. 1988, the petitioner was driving a mini truck (Matador i. e. a goods vehicle) bearing Registration No. GTS 8783 at about 9. 30 A. M. on Bhavnagar - Ahmedabad Road, oil tins were carried therein by the petitioner and he allowed P. W. 1 Deepsingh Bachubhai, Ex. 4 and P. W. 3 Anjuben Ravjibhai, Ex. 18 and other persons to travel in the said goods vehicle. According to the case of the prosecution, at the place of accident, the petitioner, herein, was trying to ignite Bidi and in the said process, he lost control over the steering vehicle, as a result of which, the said vehicle left the road and went away by the side of the road and fell in a pit away from the road. On account of the aforesaid accident, three persons passed away and other two persons sustained injuries. The prosecution has, therefore, alleged that the petitioner drove his vehicle rashly or negligently. The prosecution has further alleged that the petitioner has caused injuries to the prosecution witnesses by the said act of rash and negligent driving. It is further alleged by the prosecution that the petitioner has caused the death of three persons, who were travelling in the said vehicle driven by the present petitioner.

( 3 ) AFTER the accident, F. I. R. was filed against the present petitioner. The petitioner was arrested. The Investigating Officer has recorded the statements of witnesses. Post-mortem was also carried out in respect of the persons, who died in the said accident. At the end of the investigation, the Investigating Officer submitted the charge-sheet before the learned Judicial Magistrate, First Class, Sihor, District Bhavnagar and it was registered as Criminal Case No. 101 of 1988.

( 4 ) THE learned Magistrate provided copies of police investigation papers to the petitioner. His plea was recorded. The petitioner pleaded not guilty and claimed to be tried. Thereafter, evidence was recorded. Thereafter, further statement of the petitioner under Section 313 of the Code was recorded. After hearing the arguments, the learned Magistrate found the petitioner guilty and, therefore, he pronounced the judgment inflicting punishment as aforesaid.

( 5 ) FEELING aggrieved by the judgment and order of the trial Court, the petitioner, herein, preferred Criminal Appeal No. 32 of 1989 unsuccessfully, hence, the present Criminal Revision Application.

( 6 ) IT has been contended before this Court that the trial Court did not have sufficient material to pass the order of conviction for the aforesaid offences. Even I. O. has not obtained a report from the Motor Vehicle Inspector about the condition of the vehicle involved in the accident. That the prosecution has not proved on record that the accident took place on account of rash and negligent driving on the part of the petitioner. Therefore, the trial court as well as Sessions Court, both have committed serious error in law in convicting the present