ORDER :

1. The petitioner impugns judgment dated 18.11.2002 of the appellate court whereby the appellate court has dismissed appeal of the revisionist (hereinafter referred to as ‘accused’) which relates to the judgment of conviction and order of sentence dated 14.03.2000 passed by the trial court.

2. On 12.06.1994 at about 8:00 a.m. a jeep no. RRT 7312 being driven by the accused Shambhoo Lal hit a 7 years child, who was allegedly standing on roadside. The accident resulted into death of the child. The accused was charge sheeted and tried.

3. The trial court held that the accused drove the vehicle at a high speed as well as in a rash and negligent manner and it was on that account that the accident took place. The accused was convicted for offences under Section 279 and 304-A of the IPC and sentenced to various terms of imprisonment.

4. The accused challenged his conviction and sentence before the appellate court which confirmed conviction and sentence.

5. Both the trial court and the appellate court held the accused guilty after holding that the accused was driving the jeep at a high speed as well as rashly and negligently. Both the courts pressed into aid the doctrine of “res-ipsa-lo