B.Sudheendra Kumar, J.

The petitioner was concurrently found guilty by the courts below under Sections 279 and 304A I.P.C.

2. The prosecution case is that on 26.8.2004 at 7 a.m., the revision petitioner drove a bus bearing Reg.No. KL-11/R-2235 along Pavangad-Ulliyeri public road, in a rash and negligent manner so as to endanger human life and when it reached near the Police Station, Atholi, it hit against a pedestrian, Muhammed Irshad, who was walking along the western road margin and as a consequence, Muhammed Irshad sustained grievous injuries and he succumbed to the injuries on 28.8.2004.

3. Before the trial court, PW1 to PW10 were examined and Exts.P1 to P11 were marked for the prosecution. No evidence was adduced from the side of the revision petitioner.

4. Heard.

5. PW2 is the only occurrence witness examined by the prosecution to prove the occurrence. PW2 stated about the incident in tune with the prosecution case. However, PW2 did not identify the driver of the vehicle. PW2 stated that he could not identify the driver who was driving the vehicle at the relevant time. However, the court below relied on Ext.P8 trip sheet to hold that the revision petitioner was the driver o