Penal Code, 1860–Sec. 304-A & 279–Conviction–Appreciation and reduction of the sentence–Appellant caused the death of a person and ox by hitting the cart–Rash and negligent driving–Offence proved by the testimony of eye witness–Plea of failure of break due to damage of brake pipe cannot
be accepted because neither the appellant explained this fact in the statements u/s. 313 nor proved this fact–Held, conviction sustained–However, in view of the facts that the incident is 29 years old and he remained in jail for 18 days, sentence reduced up to the period of already undergone.
