have to cross the road to reach the School on the western side. Evidence of PWs.3, 4 and 5 also shows that after the hit, girl fell down and she was pulled towards the centre due to the centripetal force and the front left tyre ran over the left leg of the girl and so the girl happened to be beneath the bus and it was from there, people have taken the girl out and taken her to the hospital. PW3's evidence is followed by PWs.4 and 5. No independent evidence was adduced or no independent witness was examined by the defence side and trial court as well as appellate court concurrently found that appellant is guilty for the offence punishable under Sections 279 and 338 of the Indian Penal Code. I see no ground to interfere in the conviction based on the finding of facts by the two courts. However, even though the trial court sentenced the petitioner to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- under Section 279 and directed to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- under Section 338, appellate court reduced to six months simple imprisonment and three months for offences punishable under Sections 338 and 279 IPC respectively. Apex Court in various decisions held that no leniency need be shown on drivers who are negligently driving the vehicle. Merely
