JUDGMENT :

Bhargava, J.

1. The appellant was the driver of State bus No. WBS 1735 running on Route No. 14 in Calcutta. On 5th March, 1964, at about 2.00 P.M., as he was driving the bus upon Upper Circular Road and came to the junction of that road with Raja Ram Mohan Roy Road, an accident occurred as a result of which one Gopinath Dey fell down injured at the southwest corner of the junction of the two roads. The appellant proceeded to the Police Station and reported this incident. Gopinath Dey died in the Hospital at 5.00 A.M. on 6th March, 1964. The appellant was, thereupon, charged with an offence of causing death of Gopinath Dey by rash and negligent act punishable under section 304A of the Indian Penal Code. He was tried by the Presidency Magistrate, convicted and sentenced to two years' rigorous imprisonment and a fine of Rs. 1 000/-. He appealed to the High Court of Calcutta, but his appeal was summarily dismissed. He has now come up in this appeal to this Court by special leave.

2. It is a little unfortunate that, in this case, the High Court dismissed the appeal summarily and did not exmine the record to see whether the judgment of the Presidency Magistrate was correct. On b