1. This criminal revision is directed against the judgment of leaned Sessions Judge, Alwar who confirmed the conviction and sentence under Section 304A I.P.C. The learned Munsiff and Judicial Magistrate, Behror vide his judgment dated 29th September, 1976 bad convicted the accused-petitioner under Section 304A. I.P.C. & had sentenced him to undergo six months rigorous imprisonment and a one of Rs. 100 and in default of payment of fine to further suffer one month's simple imprisonment. The facts of the case are as follows.

2. Under Police Station Mandal, District Alwar on November 27, 1972, at about 5P.M. work was in progress on National Highway near Sanjahanpur. The deceased Ganga wife of Dhanna was one of the labourer working on the road and she was knocked down by Truck No. RJC 903 which was being driven by the accused petitioner. She died as a result of the injuries. A report of the incident was lodged by Bhupendra Kumar Overseer and a case No. 69/72 under Section 304. I.P.C. was registered in the police station Mandal. After the usual investigation a charge sheet was filed against the accused-petitioner and the learned Magistrate after trial convicted and sentenced him