Penal Code, 1860–Secs. 304-A, 279 & 338–Conviction–Sustainability–Appellant truck driver was plying the truck fully loaded with stones–Truck overturned due to applying the sudden breaks–Person sitting on the rear part of the truck died–If the appellant would not apply the brake, the truck would have dashed with the truck going ahead–No option–Case of no evidence–Held, conviction is liable to be set aside.


