( 1 ) THE petitioner has been convicted by the Additional District Magistrate of Indore under Section 304a, I. P. C. and sentenced to six months' rigorous imprisonment. His appeal against the convictions and sentence was rejected by the Third Additional Sessions Judge of Indore. The accused has now preferred this revision petition.

( 2 ) THE facts found are that on 11th March 1957, Sub-Inspector Mohite was feeling tired and exhausted at about 6 p. m. and so he sent for the petitioner, who is a Hakim registered under Section 46 of the Madhya Bharat Indian Medicines Act, 1952. On arrival, the petitioner examined Mohite and found that he had no temperature. He, however, advised Mohite to take a Procain Penicillin injection. Mohite accepted the suggestion. The petitioner then gave a Penicillin injection to Mohite, who immediately after he was injected perspired profusely, vomitted and died. The petitioner got scared at the effect of the injection and ran to Dr. Akbarali for help. Mohite expired before Dr. Akbarali could reach his residence. The petitioner, while admitting that he went to fetch Dr. Akbarali, denied altogether having given any injection to Mohite. The fac