Indian Penal Code, 1860 Section 279 & 304A–Rash driving or riding on a public way–Causing death by negligence–
The petitioner was alleged to have been driving a bus rashly, leading to the death of Hardeep, a pedestrian–The petitioner was convicted by the Trial Court and conviction was upheld by the Appellate Court–Revision against–Held–Revisional jurisdiction can be invoked, where decision under challenge is grossly erroneous and there is no compliance with the provision of law–Besides above, court can also exercise revisional jurisdiction, if it finds that the order sought to be laid challenge is based on no evidence and the court passing the same has ignored the material evidence–Evidence failed to conclusively establish that the petitioner was driving the bus at the time of the accident–Conflicting witness statements created significant doubt–Crucial evidence like the spot map was not produced, and the investigating officer was not examined, weakening the prosecution's case–The conviction unsustainable–Impugned order of conviction set aside–Petition allowed. (Paras 12, 20 and 21)