Mr. Mehinder Singh Sullar, J.:- The matrix of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that on 1.9.1992, Raj Kumar Thukral (PW3) was driving the scooter, bearing registration No.CHB-6672, whereas Dr.Dharampal Dhir was a pillion rider. They were going from Chandigarh to Kharar. At about 9.30 A.M., as soon as, they reached a little behind the Fort on Chandigarh-Kharar road (place of accident), in the meantime, a bus, bearing registration No.PJG-3745 belonging to Nawanshahr Depot of Punjab Roadways (for brevity “the offending bus”) in a very rash & negligent manner, being driven by Paramjit Singh son of Dhanna Singh respondent-accused (for short “the accused”) came from the opposite direction. The accused could not control and rammed the offending bus into their scooter. As a result thereof, they felled on the ground and suffered multiple injuries. As a matter of fact, Dr.Dharampal Dhir got crushed under the front tyre of the offending bus and succumbed to his injuries at the spot, whereas Raj Kumar Thukral suffered multiple grievous injuries. Their scooter also suffered extensive damage. The driver of the offending bus ran away from the place of accident. Complainant constable Jaspal Singh (PW4) (in short “the complainant”) and Rajinder Singh PHG (PW5), who were coming behind the ill-fated scooter, have also witnessed the accident. Thereafter, injured Raj Kumar Thukral was removed to Civil Hospital, Kharar at the first instance and subsequently taking into consideration his serious condition, he was referred to PGI Chandigarh. PW3 Jaspal Singh reported the matter and got recorded his statement (Ex.PC) before ASI Gurbax Singh (PW9), who made his endorsement (Ex.PW9/A) and sent it to the police station for registration of the case.

2. Leveling a variety of allegations and narrating the sequence of events, in all, according to the prosecution that the accident in question had taken place due to rash and negligent driving by the accused, while driving the offending bus, in which, Raj Kumar Thukral and Dr.Dharampal Dhir sustained injuries. Dr.Dharampal Dhir was crushed under the tyre of the offending bus and succumbed to his injuries at the spot. In the background of these allegations and in the wake of statement (Ex.PC) of the complainant, the present criminal case was registered against the accused, by virtue of FIR No.89 dated 1.9.1992 (Ex.PW9/B), on accusation of having committed the offences punishable under sections 279, 338, 304-A and 427 IPC by the police of Police Station Kharar, District Ropar, in the manner depicted here-in-above.

3. After completion of the investigation, the final police report (challan) was submitted by the police against the accused to face the trial for the indicated offences.

4. Having completed all the codal formalities, the accused was charge-sheeted for the commission of pointed offences by the trial Magistrate. As he did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution.

5. Sequelly, the prosecution, in order to substantiate the charges framed against the accused, examined PW1 Niranjan Singh, Mechanic, Punjab Roadways, PW2 Ved Parkash, Photographer, PW3 Raj Kumar Thukral injured/eye witness, PW4 Jaspal Singh complainant/eye witness, PW5 Rajinder Singh, eye witness, PW6 Dr.Kartar Singh, who conducted the post mortem examination on the dead body of Dr.Dharampal Dhir, PW7 Pargat Singh, Inspector, Punjab Roadways, PW8 Dr.Vikas Mehra, HC Charan Singh PW8 (wrongly numbered twice) and PW9 ASI Gurbax Singh, Investigating Officer in oral evidence, besides tendering certain documents in evidence, which would be referred at subsequent appropriate stage of the judgment.

6. After the close of the prosecution evidence, the statement of the accused was recorded. The entire incriminating material/evide