JUDGMENT : Pradeep Nandrajag, J. Though nobody appears for the petitioner, with the help of learned Public Prosecutor I have perused the record and the two impugned decisions convicting the petitioner for having committed offences punishable under Sections 279, 337, 338 and 304A IPC. 2. The date of the accident is 5th March, 1985. The petitioner was the driver of the Roadways Bus. The festival of Holi was 3 days away. Polling had taken place in the area. It was the last bus plying from Sirohi to Jodhpur. The bus was over-loaded. Being the last bus, some people climbed on to the roof of the bus and when it was crossing under a bridge, one person on the roof of the bus fell down due to he hitting the slab of the bridge above. 3. It was the last bus plying from Sirohi to Jodhpur. The bus was over-loaded. Being the last bus, some people climbed on to the roof of the bus and when it was crossing under a bridge, one person on the roof of the bus fell down due to he hitting the slab of the bridge above. 3. The appellate court has discussed this aspect in para 32 of the judgment while giving benefit of probation to the Conductor of the bus as under :- ^^32 & mDr nksuksa U;k;n`"VkUrksa dk lknj voyksdu fd;kA izdj.k dks fl) djokus ds fy;s tks lk{; vkbZ gS mlesa ;g fufoZokfnr gS fd ?kVuk ds 1&2 fnu i'pkr gksyh dk volj Fkk] tks/kiqj vkus ds fy;s ;g vafre cl Fkh rFkk pquko M~;wVh ls pquko vf/kdkjh vius vius ?kjksa dks ykSV jgs FksA ;g Hkh izdV gqvk gS fd ikyh ls tks ;k=h p<+s Fks mudks ifjpkyd us fVdV forfjr ugha fd;s cfYd os fVdV f[kM+dh ls fVdV ysdj vk;s FksA tc gksyh dk R;ksgkj fudV gks pquko M~;wVh ls pquko vf/kdkjh vius vius ?kjksa dks ykSV jgs gks vkSj tks/kiqj igaqpus ds fy;s vafre cl gks rks ,slh fLFkfr esa ifjpkyd dh vkKk ds cxSj Hkh ;kfu cl esa p<+ tkrs gSA lHkh ;kf=;ksa dks vius vius ?kj igaqpus dh tYnh gksrh gS vkSj ,slh fLFkfr esa ifjpkyd tks vdsyk O;fDr gksrk gS HkhM dks fu;af=r djus dh fLFkfr esa ugha jgrkA cl dh nq?kZVuk ;kf=;ksa ds Nr ij cSBus ds dkj.k ?kfVr gqbZ gSA ifjpkyd ds fo:) Nr ij ;kf=;ksa dks cSBkus dk vkjksi gS] mldk ;g izFke vijk/k gS ifjpkyd ds in ij dk;Zjr gS blfy;s bu lHkh rF;ksa ,oa ifjfLFkfr;ksa dks ns[krs gq, vfHk;qDr fpajthyky dks ifjoh{kk dk ykHk fn;k tkuk U;k;ksfpr izrhr gksrk gS vkSj mldh nks"k fl)h ls mldh lsok ij dksbZ foijhr vlj ugha iM+sxk lkFk ;g Hkh vkns'k fn;k tkuk mfpr gS fd og :0 1000@& dk;Zokgh O;; ds :i esa tek djk;sxkA** 4. In my opinion the deceased died due to his own rash and negligent act. He had no business to climb on to the roof of the bus which the petitioner was driving. It is also relevant to note that of the large number of person who had climbed on to the roof of the bus only one, the deceased died. 5. Ground realities and especially in rural areas cannot be ignored. 6. He had no business to climb on to the roof of the bus which the petitioner was driving. It is also relevant to note that of the large number of person who had climbed on to the roof of the bus only one, the deceased died. 5. Ground realities and especially in rural areas cannot be ignored. 6. The petition is disposed of acquitting the petitioner of the charges framed against him. Impugned judgments dated 3.10.1997 and 12.2.1998 are set aside.