JUDGMENT

This Criminal Revision under Section 397,401 of Cr.P.C. has been filed against the Judgment and Sentence dated 20-7-2006 passed by 3rd Additional Sessions judge (Fast Track Court), Dabra, District Gwalior in Criminal Appeal No. 180 of 2005 and Judgment and Sentence dated 7-7-2005 passed by J.M.F.C. Dabra, Distt. Gwalior in Criminal Case No. 30/1994, by which the applicant has been convicted for offences under Sections 279 ,304A,337 and 338 of IPC and has been sentenced to undergo R.I. for 2 years and a fine of Rs. 2500/- for offence under Section 304-A of IPC .

2. According to the prosecution story, on 2-6-1992, the applicant was driving tractor bearing registration No. MBW 885 and the injured Hemvati, Signature Not Verified Manoj, Sushil Kumar, Vimla, Ajeet Singh etc. were sitting in the trolley No. MBW 885. The applicant was driving the tractor in rash and negligent manner. When the tractor crossed Adampur culvert, he turned back and started collecting fare from the passengers. As a result the tractor and trolley turned turtle and the persons sitting in the trolley sustained injuries. Gonabai died on the spot, and Makho, Sushil Kumar, Ajeet Singh, Bhagwan Singh, Vimla, Hem