JUDGMENT :

1. Heard Sri Ashok Kumar Singh, learned Amicus Curiae for the revisionist, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record.

2. This revision has been preferred against the order of conviction and sentencing dated 31.7.1996 by 7th A.C.J.M. Agra, in Crl. Case No. 265 of 1995 (State of U.P. Vs. Data Ram) under Section 279, 304-A I.P.C. And the order of dismissal of the appeal dated 3.4.1999 passed by 5th A.S.J. Agra, (Data Ram Vs. State of U.P.) by which the revisionist-accused was awarded two years rigorous imprisonment and Rs. 2,000/- fine with default stipulation to undergo six months additional simple imprisonment in case of non-deposition of fine.

3. The revisionist has taken ground that the learned courts below have failed to appreciate the prosecution evidence in respect of Tempo's side on which it was stopped and which was the main cause of the accident. The learned trial Court has accepted that near the place of the accident tempo was standing on the wrong side and which was the main cause of the accident. The Courts below have discard