No separate sentence was imposed under the second charge.
Latif P.W. 2 Mohd.
Saleem on whose cycle he was sitting went towards the left side.
The rest of meninges and brain matter were companygested.
He, however, died on August 5, 1966.
The first information report was recorded at the hospital at 9 a.m. on July 8, 1966.
P.W. 4 Mohd.
Haniff on whose statement first information report had been recorded was companysidered by the trial magistrate to have been won over because, according to the first information report, the bus was going on high speed whereas in his statement in companyrt he stated that he was number in a position to see by which thing he was struck.
Hanif who appeared as P.W. 2.
Latiff was admitted as an indoor patient in the Giridh Hospital where he was taken by the appellant in his bus.
The post mortem examination was held on August 5, 1966.
Anterio cranial fossa was full of pus.
This report was based on the statement of Mohd.
On the roof of the bus certain companyrugated iron sheets were kept.
The charge which was framed by the trial magistrate was based solely on the act of rash and negligent driving thereby endangering human life and also causing the death of Mohd.
The case of the prosecution briefly was that on July 7, 1966 at about 7 p.m. the appellant was driving a bus on a katcha road from Chandauri side to Khargdiha.
The meninges in the enterial cranial fossa has almost been eaten away by the purulent matter.
He had been brought along with Latif to the hospital by the appellant, in the bus.
Usman, who was the main witness on whom thing he was have relied, deposed that it was a dark night and on seeing the light of the bus Mohd.
On dissection pus and granulation tissues were found in and around the tissuess.
According to the medical evidence Latif who was examined at 10 p.m. on July 7, 1966 had two head injuries and one injury on the lip.
Owing to driving at a high speed there was too much of jolting with the result that some of the iron sheets fell down and hit Latif on the head and also injured some other persons who were going on that road.
Hanif and Latiff were also injured.
All these injuries were lacerated wounds one of the head injuries and the injury on the lip were simple while the third injury which was on the head was grievous in nature.
Saleem received injury on his right hand.
Hanif had also received an injury which was described in the report as injury on his neck towards the right side.
Grover, J. This is an appeal by special leave from an order of the Patna High Court dismissing in limine the revision petition filed against the decision of the companyrts below companyvicting the appellant under Sections 304A and 279, Indian Penal Code, for which a sentence of one year rigorous imprisonment was imposed under the first charge.
