IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.582 of 2009 MAHESH SINGH Versus STATE OF BIHAR ----------- 3 10.4.2009 Heard the learned counsel for the parties. The instant revision application is directed against the Judgment passed on 22.11.2008 in Cri. Appeal No.72/06 /41/07 passed by Sri R.C.Singh, Additional Sessions Judge, F.T.C. No.4, Motihari, whereby while upholding the conviction under section 304 A of I.P.C. passed by the learned trial court, has awarded sentence of 1 year and has upheld the fine amount. The prosecution case , in short, is as follows:- All the three sons of the informant, namely, Jitendra Sah, Sanjay Sah and Chhotalal Sah, were going to visit fair by cycle. As soon as they reached near the house of one Maya Sah, Jitendra Sah went to quench his thurst near the hand pump and his two sons remained standing by the side of the road. In the meantime a Truck bearing No.BPE 3808 being driven rashly and negligently by the driver crushed the youngest son, Chhotalal Sah, who subsequently died. Post mortem examination report is Ext.1. The prosecution examined four witnesses in support of its case. P.W.1, Jitendra Sah, P.W.3, Prabhunath Sah and P.W.4,Sanjay Sah, are the brothers of the deceased and P.W.2, Lalit Prasad Sah is an independent witness. P.W.1 and P.W.4 are the eye witnesses of the occurrence. P.W.1 identified Mahesh Singh, the petitioner. The learned counsel submits that the informant and 2 the doctor have not been examined. The defence has not examined any witness nor denied that the petitioner was driving the truck rashly and negligently. The evidence of the eye witnesses supports the prosecution case. I do not find any infirmity in the impugned Judgment which is being confirmed. In the result, this revision application is dismissed. Anilksinha (Samarendra Pratap Singh,J.)