ORDER : The applicant, Shiva Ram, is a driver of a motor truck who has been convicted by a magistrate of Jhansi, under Ss. 279 and 304-A, I.P.C., and sentenced to six months' rigorous Imprisonment under each count. The sentences were ordered to run concurrently. The applicant appealed to the Court of the sessions Judge, Jhansi, but his appeal was dismissed, and the findings arrived at and toe convictions and the sentences awarded by the trying Magistrate were affirmed. The applicant now prays for interference by this Court in exercise of its revisional powers.

2. It has been contended by M.L. Agrawala, very vehemently, that the applicant is not guilty of any offence under Ss. 279 and 304-A, I.P.C., and that the view of the Courts below that the applicant was driving the truck "rashly" and "negligently" within the purview of R. 304-A, I.P.C., thereby causing the death of one Filial, who was sitting on the extreme left on the front seat of the truck, is perverse and contrary to law. The learned counsel contended that the Sessions Judge had failed to distinguish between criminal and civil negligence. Mr. Agrawala cited a number of authorities. He relied particularly on Tika Ra