Penal Code, 1860–Secs. 308/338–Conviction u/s. 308–Proper Section–Case of the prosecution that the appellant-cleaner pushed down the girl by his hands while she was standing on the footboard of the bus–The girl fell down and came under the left rear wheel of the bus–The bus was overcrowded and appellant-cleaner was standing near the footboard–No intention or knowledge as contemplated u/s. 299–Appellant was under the obligation of verifying that all the passengers had safely boarded the bus before giving the signal–He performed the duty rashly and negligently–He is liable to be convicted u/s. 338–Sentence modified.
