1. This appeal is directed against impugned judgment dated 14-1-04 passed in appeal whereby the judgment of conviction dated 20-3-02 passed by the Additional Chief Judicial Magistrate, Sakti in criminal case No. 420/95 convicting the appellant under S.304 - A of IPC has been affirmed.

2. Learned counsel for the applicant argued that the Courts below have recorded a finding of guilt only on the basis of presumption without there being any evidence led by the prosecution that the incident was a result of rash and negligent act on the part of the appellant. Learned counsel for the applicant argues that all the witness of the prosecution have stated that the vehicle was driven slowly by the applicant and it was unfortunate incident in which Raju Bareth, a young boy of eight years moving along the road was hit by the vehicle. He submits that the two established circumstances that the vehicle was driven slowly and the deceased was a child barely aged eight years, go against the case of the prosecution and render improbable that the accident was a result of rash and negligent act of the applicant.

3. On the other hand, learned State counsel supports the judgment passed by the Courts below a