The petitioner now stands convicted for offences under Sections 279 and 304A, I.P.C. For the former he was sentenced to suffer rigorous imprisonment for 2 months and for the latter he was sentenced to rigorous imprisonment for 6 months. He was also directed to pay a fine of Rs. 1,000/- for the said offence under Section 304A and in default of payment of the fine he was directed to suffer simple imprisonment for a period of 2 months. The sentences of imprisonment were directed to run concurrently. There was also a further direction that the driving licence of the petitioner will be suspended for a period of one year.

2. The case of the prosecution is, that on 28-9-1987 at about 3.30 p.m. on the road in front of the house of one Sanku, situated at Nellikkurussi amsom and desom, the petitioner being the driver of the tempo van bearing registration No. KER 900, drove the same from east to west through the Nellikkurussi-Murukkumpatta public road in a rash and negligent manner and in a high speed and when the vehicle driven by him reached at the place of occurrence, it hit the body of a boy, Kader, aged about 8 years. On account of the said impact the boy sustained grievous i