Hon'ble SHARMA, J.—By this revision, the petitioner-convict Kamla Prasad is challenging the judgment and order dated 23.7.1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur whereby the conviction of the petitioner-convict under Secs. 279 and 304A IPC awarded to him by the learned Additional Chief Judicial Magistrate, Vallabh-nagar, District Udaipur vide judgment and order dated 22.6.1993 was affirmed.

2. Briefly, as set up the prosecution case is that on 13.10.1983, at 12.30 PM, written report was submitted by complainant Shri Bhajja S/o Shri Panna Gameti, r/o Wana, addressing to the SHO, PS Kheroda stating that he (Bhajja) with his son Mangu was going on bullock-cart from Wana to Keer Ki Chowki. They were in their side. Suddenly, a bus, which was coming from Chittorgarh side, hit the cart, due to which son of complainant, viz., Mangu and bullock died at the spot. The complainant and the second bullock were thrown away.

3. On the basis of the above report Ex.P/11, FIR No. 65/1983 was registered at P.S. Kheroda for committing offence punishable under Sections 279, 338 and 304 A IPC. On completion of investigation, charge-sheet was filed against the present petitioner for the offences punishable under Section 279, 337 and 304 A IPC in the court of Munsif and Judicial Magistrate, I Class, Vallabhnagar, on 15.12.1983.

4. During the course of trial, the prosecution examined as many as 10 witnesses to bring home the guilt of the petitioner. After examining the petitioner (who was accused in the case) under Sec. 313 Cr.P.C., opportunity was also given to him to lead defence evidence for which he denied. While examining the petitioner under Section 313 Cr.P.C., he stated that he was driving his bus cautiously but due to blazing of bullocks, accident took place.

5. After considering the testimonies of the prosecution witnesses and the material available on record, the petitioner/accused was found guilty for causing death of Mangilal and bullock of complainant due to rash and negligent driving of bus bearing No. UTN 6678 and he was sentenced to undergo three months' rigorous imprisonment with fine of Rs. 3,000/-, in default whereof to further undergo one month's simple imprisonment for the offence punishable under Section 304 A IPC. He was punished by penalty of Rs. 500/- for the offence punishable under Section 279 IPC. It was also ordered that after realization of fine, the total amount of penalty be given to the complainant Bhajja S/o Panna Gameti as compensation.

6. Aggrieved by the judgment and order dated 23.7.1996, passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur, vide which the appeal preferred against the judgment of the learned Additional Chief Judicial Magistrate, Vallabhnagar was dismissed, this revision petition has been filed praying for setting the judgment and order of sentence dated 22.6.1993 passed by the learned Additional Chief Judicial Magistrate, Vallabhnagar (Udaipur) and judgment dated 23.7.1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur and acquittal of the petitioner for the offences complained-off.

7. The learned counsel for the petitioner has submitted that both the courts below tailed to appreciate that the prosecution failed to prove the rash and negligent act on the part of the petitioner so as to hold him guilty under Sec. 279 and 304 A IPC. The prosecution witnesses inter alia stated that the petitioner was driving the offending vehicle in a rash and negligent manner but failed to prove the decree of rashness and negligence by strong evidence. He further argued that the bullocks were blazed and due to which accident took place. He also submitted that all of sudden, brake-pipe of the bus dama-ged and the brakes of the bus were failed due to which accident took place, as such, the rashness and negligence cannot be attributed to the petitioner. He further submitted that the road was wi

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