Judgment S.S.Sudhalkar, J. 1. The petitioner was convicted for offence under Section 304-A and 237 of the Indian Peal Code. It is the case of prosecution that the petitioner was driving a truck in a rash and negligent manner and it dashed against the bus which was coming from the opposite side. As a result a person sitting on the front seat of the bus died and one R.N. Malik, sitting in the truck was also died. The truck driver and the conductor ran away from the spot. The story putforth by the defence was that the truck was standing for repair and the bus came on a very high speed and struck against the truck. This version has not been believed by the Courts below. It is observed by the lower appellate Court that if the truck was standing on the road then how the driver suffered injuries and one R.N. Malik, sitting in the truck died ? 2. The M.L.R. produced in the evidence by Dr. Kapoor was of one Karamjit Singh son of Sham Singh and his name has been cancelled and the name of the petitioner has been inserted. However, it is further observed by the lower appellate Court that the doctor has stated that he has examined Yash Pal and the name of Karamjit Singh has been wrongly mentioned in place of Yash Pal. 3. The defence story has not been believed by the lower appellate Court and hence the guilt against the petitioner is held to be proved. The lower appellate court could have considered the evidence of the prosecution as it was and even if the defence story is not believed, it is not always that the conviction has to follow. At the same time there should have been some finding as to how the wrong name of Karamjit Singh was mentioned in the M.L.R. in place of the petitioner and it was for the prosecution to prove it. 4. In view of the above position the judgment of the lower appellate court cannot be sustained. However, the case requires to be remanded to the appellate court. As a result this revision is allowed, the judgment of the lower appellate court is set aside and the case is remanded to it to decide the same afresh in accordance with law. Revision allowed.