JUDGMENT Pardeep Nandrajog, C.J. - Heard learned counsel for the parties. 2. Argument of learned counsel for the petitioner is that the Courts below have seriously erred in not appreciating the admission made by Saabir PW-3 during cross examination that when the accident took place he was driving the Luna, on the pillon seat whereof the deceased named Shera was sitting, the two were carting two goats on the Luna. That the width of the road where the accident took place is 12 feet has also not been considered by the Courts below with reference to the admission of Saabir. Further argument is that admittedly the City Bus being driven by the petitioner hit the rear wheel of the Luna. 3. From the trinity of the facts above noted, the contention is that the defence of the petitioner that coming from the direction of Magra and proceeding towards Bhadwasiya, as the Luna came on to the Bhadwasiya road having width of 12 feet, it was PW-3 who failed to control the Luna when the goats probably panicked and as a result, the Luna wobbled. 4. The site plan, shows that the City Bus hit the Luna at the spot marked ''X'' which would be about 8 feet from the left edge of the road. 5. From a perusal of the site plan (Ex.P-6) it emerges that a road from Magra joins Bhadwasiya road at an angle of about 30 degrees. The site plan would make it evident that as the Luna came from the Magra side and proceeded towards Bhadwasiya it was in the process of coming on its right side of the road towards Bhadwasiya and when the Luna was still in a slanting position the Bus hit the rear wheel of the Luna. The possibility of the accident having taken place as claimed by the petitioner and in respect of which suggestion being given to PW-3 cannot be ruled out. The petitioner would thus be entitled to the benefit of a doubt and hence the petition is disposed of acquitting the petitioner of having committed an offence punishable under Sections 279 and Section 304-A IPC.