Murlidhar, J.

1. REVISIONIST Mohd. Ashraf has been convicted under Section 279, 337 and 304 (A) IPC and sentenced to R. I. for six months, one year and two years respectively on the three counts all the sentences to run concurrently.

2. IN the town of Chandpur in district Bijnor there is a north-south road in the mandi area, The width of the road is about 7 paces and there is a 2 pace wide Kharanja on both sides of it. Att the relevant place to east of this road lies the vacant area used for Sabzi Mandi. To east of this road about 15-20 paces south of a point where another load branches off from it towards west stands a Neem Tree. Under this Neem tree on the edge of this road, the victim Dilip Chand and Om Prakash used to sell cloth on their phar which means a roadside patch of land used for a shop with the wares spread on the ground itself. There is no dispute that on 13-12-75 at about 4.30 p. m. truck no DHG 2558 laden with 105 bags of sugar coming from north collided with Om Prakash and his father Dilip Chand and stopped within three or four paces. Both Om Prakash and Dilip Chand were injured and Om Prakash died on the way to hospital. The prosecution case was that the tr