K. HENNA, J.

1. Can the contradicted portions of first information statement be used as 'evidence' to convict a person? Can contents of scene mahazar be treated as evidence, to prove any of the facts stated therein? What is meant by 'evidence'? On a mere marking of first information statement or scene mahazar through the maker, can the contents be treated as 'evidence'? These important questions arise in this case for consideration in this revision.

2. Revision petitioner stands convicted and sentenced for offences under Sections 279 and 304A of Indian Penal Code ('Indian Penal Code for short) by Magistrate Court and the said conviction and sentence were confirmed by Sessions Court. He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-and in default to undergo rigorous imprisonment for one month, for the offence under Section 279 Indian Penal Code and rigorous imprisonment for one year and to pay a fine of Rs. 2000/- and in default to undergo rigorous imprisonment for three months for offence under Sections 304(A) Indian Penal Code This revision is filed against such conviction and sentence.

3. Facts briefly: On 06.11.1992 at about 11.