Penal Code, 1860–Secs. 304A, 279, 337 & 338–Conviction–Sustainability –Name of petitioner was mentioned in FIR, however, the witnesses PW 1, PW 4 and PW 7 have not named the petitioner in their statements–Contradictions with respect of number of jeep and name of driver–Even if, it is presumed that the jeep was involved in the accident, it cannot be said that it was the petitioner who was driving the vehicle at the time of accident–Held, petitioner is entitled to be acquitted.
