Short Note : 1. The petitioner has been convicted under section 304-A of the Indian Penal Code and sentenced to rigorous imprisonment for six months. Held: The learned counsel for the petitioner read to me the evidence and I find that the evidence has been grossly misread, to convict the petitioner. 2. Bus No. 2530 overtook a stationary bus and stopped. An old man was dashed against while crossing the road and died. Which of the two buses dashed against the old men is not positively proved. Ganeshram (PW 1) who was in the bus which was overtaken by Bus No. 2530, says in para 1 itself that he could not say by which bus the old man was killed. In para 2 he says that he had seen the petitioner alighting from the side of stearing of Bus No. 2530. He could not say whether he was actually driving the vehicle. 3. P.W. 4 Balbir, who is the other witness on the point, says in para 1 that he would not be able to identify the driver of the vehicle No. 2530. The petitioner was shown to him and he said that he could not say if he was driving 4. That being so, the identity of the offender is rendered very doubtful. In para 4 of Balbir's testimony, it has come out that the tyres of both the buses had blood stains. That could only be possible if the man had been killed by the first bus and the bus overtaking had passed over the spilt blood. The evidence is that Bus No. 2530 had crossed the stationary Bus. 5. The petitioner examined a witness in defence. He is a booking clerk. He tells us that the petitioner was only a Conductor. The driver of Bus No. 2530 was one Karim Khan. 6. Did the petitioner know driving, is the first question? Did Karim Khan entrust the vehicle for driving to the petitioner, is the second question? The evidence is too unsatisfactory one of the two witnesses examined refuses to identify the petitioner. The other only saw him alighting from the Bus from near the stearing for ought we know, after the driver had run away. 7. The petitioner must, therefore, be acquitted. I accept the revision, set aside his conviction under section 304-A IPC and acquit him of the offence.