The petitioner in this case has been convicted by the Chief Presidency Magistrate of offences under section 338, Indian Penal Code, and section 116 of the Motor Vehicles Act and sentenced to three months’ rigorous imprisonment for the offences under section 338, Indian Penal Code and one month rigorous imprisonment under section 116 of the Motor Vehicles Act, the sentences to run concurrently.

The case relates to an accident which happened at about 11 a.m., on 22nd October, 1947, and the facts are these. On the day of occurrence, a tram car proceeding towards Mylapore stopped at the tram stop opposite the Wellington cinema. A bus, M.S.C. No. 8751 was also going towards Mylapore. The) petitioner was the driver of that bus. A head constable who was travelling in the tram was trying to get down through the front left passage of the tram. As he was attempting to alight keeping his legs on the footboard, the rear right side body of the accused’s bus dashed against the foot board of the tram and as a result, the constable was injured in the leg. He was taken to the hospital and it was found that four bones in the left leg had been fractured. Ten days later he died on account of Pneu