ORDER : D.D. Seth, J.—The facts of this case are that the Applicant was employed as a driver at the Government Roadways Bus Station, Mirzapur. On 22.1.1966, at 7-00' a. m. there were lots of passengers at the Government Roadways Bus Station, Mirzapur and tickets for various buses were issued at the booking window which was to the east of the main building of the Bus Station. It is alleged by the prosecution that the Applicant was trying to place the bus of which he was incharge by backing it near the Rest House in order to take passengers to village Hanumana. 22.1.1966 was a Mela (festival) day and there were plenty of people at the Bus Station. While backing the bus, the Applicant is alleged to have caused injuries to Sheo Baran, Sukhdeo and Pahloo. All these three injured were taken to Hospital but Pahloo unfortunatel ydied on the way. As soon as Mr. Sits Ram Singh, Station Incharge of the Bus Station heard about the incident he accompanied the Applicant to the police Station Kotwali city and lodged a report of the occurrence. The Applicant was taken into custody and the police investigated the case and sent up the Applicant for trial u/s 304A and 337 of the Indian Penal Code. 2. The Applicant pleaded not guilty and denied that he had driven the bus rashly or negligently while backing the bus. His plea was that on the date of occurrence there was a big Mela at Mirzapur and some of the passengers were in a hurry to get inside the bus while he was backing and they dashed against the rear part of the bus and thus injuries were caused to Sheo Baran, Sukhdeo and Pahloo. It may be mentioned that according to the doctor, Pahloo who had died had only two injuries viz., two abrasions. But according to the doctor some internal injuries were also caused to Pahloo en account of which he died. 3. In order lo prove its case that the Applicant was rash and negligent while backing the bus, the prosecution examined Sheo Biran PW 1, Sukhdeo, PW 2, Ram Baran, PW 3, and Sita Ram Singh, PW 4. But according to the doctor some internal injuries were also caused to Pahloo en account of which he died. 3. In order lo prove its case that the Applicant was rash and negligent while backing the bus, the prosecution examined Sheo Biran PW 1, Sukhdeo, PW 2, Ram Baran, PW 3, and Sita Ram Singh, PW 4. Sita Ram Singh PW 4, Station Incharge, Bus Station, Mirzapur stated that the day of occurrence was a Mela (festival) day and Sheo Baran, Sukhdeo find Ram Baran were trying to get into the bus at the earliest opportunity as they were keen to catch the bus and, therefore, as soon as they saw the bus going, they tried to run to it with the result that they along with Pahloo dashed against the rear part of the bus and sustained injuries. 4. The trial Court believed the prosecution case and convicted the Applicant under Sections 304A and 337, of the Indian Penal Code and sentenced him to 9 months on the first count and three months on the second count. Against his conviction and sentence, the Applicant preferred an appeal which was dismissed by the learned Temporary Civil and Sessions Judge, Mirzapur on 17.8.1967. 5. I have very carefully gone through the orders of the Court below and the statement of the prosecution witnesses viz. Sheo Baran, PW 1, Sukhdeo, PW 2, Ram Baran, PW 3, and Sita Ram Singh, PW 4, and have also seen the site plan prepared by the police. Sukhdeo, PW 2 who was one of the victims of the incident stated in his statement that the bus remained standing at the place where the incident took place and did not move from there till the end. To the same effect was the statement of PW 4 Sita Ram Singh, Station Incharge, Bus Station who slated that the bus of which the Applicant was driver, was standing at a distance of 10-15 paces to the south of the booking office for the passengers going to Hanumana and the bus was not moving from there. Further, according to the prosecution, the three injured persons collided with the bus near about the booking office which was on the eastern side of the main building but the testimony of Sukhdeo PW 2 and Sita Ram Singh PW 4 clearly belies the prosecution case. Further, according to the prosecution, the three injured persons collided with the bus near about the booking office which was on the eastern side of the main building but the testimony of Sukhdeo PW 2 and Sita Ram Singh PW 4 clearly belies the prosecution case. There is no reason to doubt the testimony of Sukhdeo PW 2, who was one of the victims and Sita Ram Singh, PW 4 who was Station Incharge of the Bus Station and was a responsible person. Moreover, while backing the bus, the Applicant could not have driven it so fast as to amount to rash and negligent act. In my opinion, the incident could not have taken place at the booking window where passengers were waiting to purchase their tickets. The appellate Court observed that the statement of the Station Incharge, Bus Station Mr. Sita Ram Singh could not be given much credence as he seems to have a soft corner for the accused. There is no such evidence on record to justify this observation. The appellate Court further held that the Applicant had violated rules 78 and 79 of the Motor Vehicles Act. Rules 78 lays down that no public service vehicle shall be driven at any public place for conveyance of passengers until there is on such vehicle a conductor. According to the prosecution witness the vehicle was without a conductor and thus he violated the Rule 79 of the Motor or Vehicles Rules. I am afraid I do not agree. 6. Rule 78 of the Motor Vehicles Rules is meant only for the driver of the bus who is carrying passengers on the bus on the road and does not apply to the circumstances of the present case where the driver was only backing the bus inside the bus station. Rule 79 of the Motor Vehicles Rules has no application at all. 7. For the reasons mentioned above, I allow this revision and set aside the order passed by the court below and also set aside the conviction and sentence of the Applicant under Sections 304A and 327, Indian Penal Code. The Applicant is on bail. He need not surrender. His bail bonds are discharged.