D.K.SINHA, J. - (1.) THE Cr. Revision Application is directed against the order dated 17.5.2004 passed by Shri Awadhesh Nandan, 4th Additional Sessions Judge, Palamau in Cr. Appeal No. 88/1995 whereby and whereunder the judgment of conviction and order of sentence passed against the petitioner Surajdeo Manjhi by Shri Krishna Gopal Dwivedi, Judicial Magistrate, 1st Class, Daltonganj in T.R. No. 236/95 arising out of G.R. No. 499/1992 was upheld and affirmed. The petitioner was convicted under Sections 279 and 304 -A, IPC and he was sentenced to undergo rigorous imprisonment for six months and two years respectively on each count.
(2.) THE prosecution story in brief is that one Laldeo Yadav succumbed his injuries under the wheels of Truck No. BRO 3422 which was driven by the petitioner. Learned Counsel appearing on behalf of the petitioner submitted that there was no eye -witness of the occurrence and trial Court as well as the first appellate Court failed to take into consideration of such aspect of the case,
(3.) ADVANCING his argument Mr. A.K. Sinha further submitted that the prosecution failed to bring the material on the record that Laldeo Yadav died on account of rash or negligent driving of the petitioner causing culpable homicide (not amounting to murder).;