U.B. Saha, J.

1. The instant criminal revision petition is filed by the petitioner, conductor of the offending vehicle under Section 397 read with Section 401 Cr PC, 1973 challenging the judgment and order dated 25.02.2004 passed by the learned Sessions Judge, Sivasagar in Criminal Appeal 47 (3) of 2002 whereby and whereunder learned Sessions Judge while setting aside the order of conviction under Section 279 IPC, upheld the conviction under Section 304(A) IPC and reduced the sentence of RI from six months to three months and also set aside the order to pay a fine of Rs. 2,000/- passed by the learned SDJM, Sonari vide his judgment dated 24.06.2002 in GR Case No. 307 of l996. Heard Mr. P Bora, learned counsel for the petitioner as well as Mr. BS Sinha, learned Addl. PP for the State.

2. Prosecution case in brief is as follows:-That, the deceased Jagot Phukan boarded the bus being No. ASN 7727 at a place known as Mahmora in which the present accused petitioner was the conductor. After covering a distance of hardly about one and half kilometer, the deceased suddenly fell down from the bus and was run over by the said bus and died on the spot. After the accident, the bus was stop