JUDGEMENT

1.This revision application is preferred against the judgment and order dated 6.12.1997 of ld. Addl. Sessions Judge, Bharuch, Camp at Rajpipala pronounced on 8.5.2003 in Criminal Appeal No. 26/1997 whereby the ld. Addl. Sessions Judge confirmed the conviction of appellant for the charges under sec. 279 and 304A of IPC and under sec. 177 and 184 of Bombay Motor Vehicles Act in Criminal case No. 726 of 1993 by the ld. J.M.F.C., Valiya.

2.The facts leading to the filing of this revision application can briefly be stated that the incident occurred on 5.4.93 at about 7.00pm near village Moriyana. It was the case of the prosecution that the appellant driving Tractor No. GJ-16/2291 together with Tractor Trolly No. GTC 9853 employed by one Shri Jashwantsingh Tajusing was coming from the field and was going towards the road of village Moriyana. The deceased Naresh Chandrasingh was playing on the road was aged about 5 years. As per the prosecution case, due to rash and negligent driving by the applicant of the above said Tractor deceased Naresh Chandrasingh was hit and collided on the left side of the Tractor and was dragged with the Tractor for about 15 ft. The deceased Naresh