Penal Code, 1860–Secs. 304A, 279, 337 & 338–Conviction–Sustainability –Accident occurred just after the bus came out of bus stand–It can be safely presumed that it was not in high speed–Distance traversed by the bus was just 70 ft.–Specific stand of accused in the statement u/s. 313 that the pressure system of bus failed and he could not maintain the control over the bus–Horn and breakes were totally depend on pressure system–Defence of appellant is verified by the prosecution evidence–None of witness was examined by prosecution for giving the clinching evidence of speed–No case of rash and negligent driving–Petitioner is entitled to be acquitted.
