1. The petitioner, a driver attached to the Kerala State Road Transport Corporation was charged under S.279 IPC. for having driven the bus (R-651) KLV 5773 in a rash and negligent manner and causing damage to the Impala Car KLH 500 which stood parked on the left side of the road in front of the Little Flower Convent Girls' High School at Mammiyoor near Chowghat. The occurrence took place at 4-30 P.M. on 1-9-72. The petitioner's plea that collision took place while the car was being reversed by P.W.1, the owner thereof was negatived by the courts below. The trial court found that P.W.1 was standing at the gate of the school waiting for his daughter and that there was nobody in the car. The court convicted the petitioner under S.279 IPC. The conviction was upheld in appeal. No reasons are made out to interfere with the concurrent finding that the petitioner was driving the bus in a rash and negligent manner and that it was the bus that dashed against the car.

2. The interesting point that has been raised on behalf of the petitioner is that even assuming that the petitioner was rash or negligent an offence under S.279 IPC. is not made out in the case since there was nobody