- (1.) When we took up this matter at the initial stage we were surprised as to how and why leave had been granted by this Court despite three concurrent judgments of the Courts below recording a conviction against the appellant for offences punishable under Sections 304A, 279, 337 and 338 of the Indian Penal Code.
(2.) The learned Counsel for the appellant has however pointed out that this had happened as there was absolutely no evidence against the appellant and the findings recorded by the courts below particularly the Trial Court and the First Appellate Court (the High Court having dismissed the criminal revision in limini) were completely outside the evidence and based on inferences which did not flow therefrom.
(3.) The facts are as under: The appellant was a truck driver and was plying his vehicle fully loaded with stones on the State highway bye-passing Hunsur town on the 15th September, 1992. As per the prosecution the vehicle allegedly overturned and four persons sitting in the cabin and three on the stones in the rear part of the truck were thrown out, leading to the death of one sitting in the rear and injuries to seven others. The appellant was accordingly brought to trial for the aforesaid offences.;