JUDGEMENT

1. The petitioner was the driver of truck No. ORG 1445. He has been convicted under Sections 279 and 304-A Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six months and one month respectively, both the sentences to run concurrently. It is alleged that on 9-4-1974 at about 8-30 a.m. the petitioner caused an accident while driving rashly and negligently endangering human life, and in the accident a cyclist was knocked down with injuries. Thereafter the truck dashed against a bullock-cart driven by P.W. 2. Due to such accident the cart-man was also thrown out and was injured. The defence is denial.

2. Both the courts below have relied on the testimony of P.Ws. 1, 2 and 7 and have convicted the petitioner on the ground that as the road was wide but still such an accident took place, it should be presumed that the petitioner was driving rashly and negligently.

3. The truck was burnt by the local people at the spot. So the Motor Vehicle Inspector P.W. 7 could not examine the truck on its mechanical side. P.Ws. 1 and 9 who are said to be eye-witnesses have clearly stated that they have not seen the actual dashing of the truck against the cyclist or ag