MOHAMMAD AYNUDDIN ALIAS MIYAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) A passenger, while boarding a bus, fell down therefrom as the vehicle moved forward. The driver of the bus was held guilty of culpable negligence in that episode. He now stands convicted under Section 304-A of Indian Penal Code and was sentenced to imprisonment for three months. All the three Courts, the trial Court, the Sessions Court and the High Court in revision - took the same stand. Hence these appeals.

(3.) The finding of facts cannot be disturbed now. The only question which survives for decision is whether on such facts a conclusion that the appellant is guilty of negligent driving must necessarily follow. The facts which the Courts found to have been established in the case are these: