ORDER : This revision proceeding raises an interesting question of the circumstances under which rashness and negligence can be presumed, against the driver of a motor vehicle with regard to the scope of S. 304-A, I.P.C. The facts are that the revision petitioner Natarajan, alias Natesan has been convicted by the courts below of the offence under S. 301-A, I.P.C. and the substance of this charge being that be drove lorry MDJ 3715 on the Tindivanam-Tinivannamalai road near mile stone 34 Meal about 3 and on 12-1-1962, in such a rash and negligent manner that he dashed it against a culvert resulting in the capsising of the lorry, since the sudden fall to the ground of the proprietor, one Moosa Sahib, who was then sitting on the top of lorry. This Moosa Sahib received fatal injuries, due to the fact that the iron articles with which the lorry had been loaded fell upon him and occasioned those injuries.

2. The facts are within a very brief compass, and I have to agree with learned counsel for the revision petitioner, that on the facts of the record, the conviction cannot be possibly sustained I may point out initially itself that there appears to be no reason why S. 304-A. I.P.C