1. A charge sheet was laid against first respondent herein for offences under Section 279 and 304 of IPC, on the allegation that he drove a vehicle in a rash and negligent manner and as a result of such driving, petitioner’s son sustained injuries and died. First respondent was tried before Additional Sessions Court and he was convicted and sentenced as follows:

“considering the facts and circumstances of the case and age of the accused the sentence is limited to 2 years and fine of Rs.10,000/- (Rupees ten thousand only) in default of fine sentence to simple imprisonment of 3 months u/s 304 IPC and sentence to 6 months and a fine of Rs.1,000/- (Rupees one thousand only) in default simple imprisonment of 1 month u/s 279 IPC. Both the sentences shall run concurrently.”

2. Petitioner, who is the father of the victim filed this petition, seeking special leave under Section 378(4) of the Code. Section 378 of the Code (excluding the portion which is not relevant for disposal of this petition) reads as follows:-

“S.378. Appeal in case of acquittal – (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5), -

(a) x x x x

(b) t