BINODA BIHARI SHARMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision arises out of the appellate judgment of conviction of the Petitioner under Sections 279 304A I.P.C. The Petitioner has been sentenced to suffer R.I. for three months for the offence under Section 279 I.P.C. and R.I. for six months for the offence Under Section 304A I.P.C. with a direction that both the sentences shall run concurrently.

(2.) Compendium of the prosecution case is that at about 9.30 A.M. on 09.08.1990 near Sendhei Bridge of village Tarimula in the district of Keonjhar, the present Petitioner caused serious to one Pinku Rout, a boy of four years old, by dashing against him the scooter, he was driving in a rash and negligent manner. Subsequently said Pinku succumbed to the injuries while undergoing treatment in S.C.B. Medical College and Hospital, Cuttack. On the basis of the causality memo submitted by the Medical Officer (P.W.11), P.W.13, S.I. of Police attached to Ghasipura Police Station drew plain paper F.I.R. and took up investigation. On completion of investigation, charge sheet was filed against the Petitioner implicating him in the offence punishable under Section 279, 304A/201 I.P.C.

(3.) The defence plea is one of complete denial and alternatively it is pleaded that on the relevant date on which the accident occurred the scooter alleged to be involved in the accident was under repair in the garage of D.W.1 located at Jajpur Road.