PRATYUSH KUMAR, J.

1. The instant appeal questions the correctness of conviction and sentence dated 24th August, 1998 passed in S.T. No.336 of 1989 (State vs. Jamal Khan), P.S. Naka Hindola, Lucknow by IInd Additional Sessions Judge, Lucknow, whereby he has been punished with rigorous imprisonment for two years with fine of Rs.30,000/-under section 304-A I.P.C.

2. Heard Sri Ravi Dingar, learned counsel appearing for the appellant and Sri Anurag Verma, learned A.G.A. for the State and perused the record.

3. That on 8th November, 1987, at 10.45 p.m. Ramesh Kumar gave a written report at Police Station Naka Hindola stating therein that on that day at 10.00 p.m. he was coming towards Mohan Hotel. He saw a Bus No.URL 2275 coming from the side of Bans Mandi Chauraha which collided with a rickshaw, bicycle and one scooter and thereafter crashed with Jai Bharat Hotel. In the collusion his scooter UME 8473 was also damaged but he had saved himself by jumping from the scooter. When truck driver jumped out of the bus, a police party coming from a jeep caught him. The driver gave his name as Jamal Khan. One rickshaw puller died in the accident. His name was Nanhake. In the accident, one