JUDGMENT :

S. Maharajan, J.—This is an appeal against the Judgment of the learned Chief Presidency Magistrate, Madras, convicting the appellant of the offences u/s 304-A of the Indian Penal Code, and Sections 116 and 121 of the Motor Vehicles Act, and sentencing him to undergo rigorous imprisonment for 9 months under the first count and two months on the third count, the sentences to run concurrently, without awarding any separate sentence in respect of the second count. The appellant is the driver of the lorry MDY 4244. At about 5-55 P.M., on nth August, 1969, he was driving the lorry in a northerly direction along Mount Road. P.W. 4 the Traffic Constable who was standing at the pedestrian crossing at Thousand Lights, gave the stop signal for the vehicles coming from the north as well as from the south. It appears that there used to be two constables on duty at that crossing. But one of them had not turned up that day with the result that P.W. 4 had to regulate the entire traffic coming from the south as well as from the north. He gave No. 3 signal by lifting up the right hand and giving stop signal and by extending the left hand parallel to the shoulder to indicate that the pedest