A.N.Jindal, J.

1. Jaipal petitioner-accused (herein referred as the accused) was prosecuted for causing the death of three persons as well as buffalo and calf on account of his rash and negligent act, consequently, he was tried, convicted and sentenced to undergo rigorous imprisonment for three months each under Sections 279 and 337 IPC, rigorous imprisonment for one year under Section 338 IPC and rigorous imprisonment for two years each under Section 304-A and 429 IPC. His appeal was also dismissed vide judgment dated 17.11.2003, passed by Addl. Sessions Judge, Narnaul.

2. Smt. Santra, a resindent of Jatusana, had come to his son-in-law Munna Pal, a resident of Buwana, in connection with the purchase of buffalo. Munna Pal got purchased the buffalo for her from his village. In the intervening night of 14/15.09.1995, the buffalo with her calf was loaded in a tempo bearing registration No. HNT-1574, which was driven by Ishwar Singh. At about 12:30 a.m, during night, Ishwar Singh started the tampo for Jatusana with the buffalo and the calf. Ram Pyari wife of Jagmal, Santra and one Parmila sat in the cabin of the tempo whereas Jagmal sat in the body of the tempo and Munna Pal w