Heard both parties.

2. The above revision is directed against the order of the Sessions Judge, Kanyakumari dated 7.8.1995 in C.A.No.35 of 1995 confirming the conviction and sentence imposed by the Chief Judicial Magistrate, Kanyakumari by his order dated 10.3.1995 in C.C.No.45 of 1994.

3. The petitioner was facing a trial in C.C.No.45 of 1994 before the Chief Judicial Magistrate, Kanyakumari for the offences punishable under Sec.279, 337 and 304-A of Indian Penal Code with regard to the alleged occurrence said to have been taken place at 10.30 a.m. On 7.2.1994 when the petitioner who was a trainee in Thiruvalluvar Transport Corporation committed rash and negligent act while taking the bus bearing Registration No.TMM.960 out of Depot which is located in an elevated portion.

4. 12 witnesses were examined viz., P.Ws.1 to 12, 14 documents were marked as Exs.P-1 to P-14 and one material object was marked on behalf of the prosecution. It is suffice to state that P.Ws.1 to 3 were eye witnesses and P.W.8 was the Instructor of the Thiruvalluvar Transport Corporation, P.W.9 was Motor Vehicle Inspector and P.W.11 was the Investigating Officer.

5. In the light of the evidence on record the le