Ali Hussain, petitioner, stands convicted under section 304, P.P.C. For causing the death of Shahid Masih while driving rashly and negligently on 24th April, 1952 at 2-00 p.m. Learned counsel for the petitioner submits that it is a case of no evidence. He argued that Muhammad Nazir P.W.2, Zahid Khan P.W.3 and Ghulam Rasul, P.W.6, were produced as witnesses of the occurrence but they refused to support the prosecution case, Learned counsel for the State is not in a position to contradict him.
2. I have considered the matter carefully. I find that there is nothing in evidence to show that the death of Shahid Masih was caused by rash and negligent driving by the petitioner. This being the position, the conviction of the petitioner cannot be sustained.
3. For what has been said above, this revision is accepted. The conviction and sentence of the petitioner is set aside and he is acquitted of the charge.