( 1 ) THIS revision arises out of the judgment and order dated 19-2-2001 passed by the learned Addl. Sessions Judge, nayagarh, in Criminal Appeal No. 26/51/37 of 1997/1992/1991, confirming the judgment of conviction and sentence passed by the J. M. F. C. , Ranpur in G. R. Case No. 113 of 1987.

( 2 ) THE case of the prosecution in brief is that on 10-10-1987 at about 7. 00 a. m. , while the victim Bali Dei, an old lady, was proceeding on the left side of the road towards the temple of Lord Siva, a bus bearing registration number ORC 1155, which was coming from Godipada side in a reckless manner being driven by the accused-petitioner, dashed against her. As a result, she fell down and the bus ran over her causing her instantaneous death. Thereafter, an FIR was lodged before the Ranpur P. S. , on receipt of which investigation commenced and after closure of investigation charge-sheet was submitted under Sections 279/304-A, ipc. But the learned J. M. F. C. , on perusal of police papers, took cognizance under Section 118-A of the Motor Vehicles Act besides the aforesaid two sections of the Indian Penal Code.

( 3 ) IN order to prove its case, the prosecution examined as many as 12 witn