LADU KISHORE CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has been convicted under Section 279 read with 304-A of the Indian Penal Code and has been sentenced to imprisonment for a period of two years for the offence punishable under Section 279 of the I.P.C. and imprisonment for a period of four months for the offence punishable under Section 304-A of the I.P.C.

(2.) Case of the prosecution is that on 6-12-1989 at about 3.30 p.m. a truck bearing registration No. OAX-137 loaded with bricks came from the Mancheswar Village towards N.H.5 in a high speed dashed against one Rinku (deceased), daughter of the informant in front of the confectionary shop of one Daikuntha Prusty causing instantaneous death. The accident took place in between the road leading to Kuakhai colony and village Mancheswar. The F.I.R. was lodged by the father of the deceased (P.W.1) and after completion of investigation charge-sheet was submitted and the petitioner faced trial for the offences committed under the aforesaid provisions of law.

(3.) Prosecution examined 7 witnesses, out of whom P.W.1 is the informant and father of the deceased; P.W.2 is the grand-mother of the deceased and P.W.3 is the shop-keeper infront of whom the accident took place; P.W.4 is the grand-father of the deceased; P.W.5 is the doctor who conducted post-mortem examinationn; P.W.6 is the M.V.I. who examined the truck in question on police requisition; P.W.7 is the Investigating Officer. One witness was examined on behalf of the defence who claimed to be the occupant of the truck at the time of accident as a labourer. Trial Court as well as the appellate Court found the petitioner guilty of the offences and held that the petitioner was rash and negligent in driving the vehicle in question and that because of such rash and negligence driving, the accident took place and the child was run over by the truck causing instantaneous death.