PITABASH PANDA Vs. STATE

JUDGEMENT

(1.) THIS is a petition in revision against the appellate judgment of the Additional Sessions Judge of Berhampur, maintaining the conviction of the petitioner under Section 304A, Indian Penal Code and the sentence of fine of Rs. 1500/ - passed by the Special First Class Magistrate, Aska. The petitioner was also convicted under Section 123/42 of the Motor Vehicles Act and sentenced to pay a fine of Rs. 50/ -.

(2.) THE petitioner was the driver of truck No. ORG No. 262 which was engaged on the 28th Dec. 1954, in carrying a load of timber from Pudamari Jo Berhampur via Taptapani Ghat. It is admitted that the truck was loaded with timber from Pudamari and reached Taptapani at about 1 p.m. There, the owner of the timber (P. W. 1) detained the truck and gave a good feast to the driver and other persons inside the truck. At about 4 p.m, the truck left Taptapani and proceeded towards Berhampur. The road was a ghat road sloping downwards towards Berhapur side. At a place between milestone 29 and milestone 28/7, there was a bend in the road from left to right. While negotiating this bend the truck went to the extreme left of the road, knocked down 6 curve stones fixed on the left, rolled down into a ditch below and turned turtle. Six persons were killed on the spot and three persons sustained fatal injuries and died subsequently, while several other persons sustained injuries.

(3.) THE main facts are admitted. The petitioner drove the ill fated truck down the ghat road while it was heavily loaded with timber and with 16 persons travelling in it including the driver and cleaner. The road was sloping down and while negotiating a bend from left to right the truck went to the extreme left and after running over some curve stones fell down below and turned turtle killing six of the occupants on the spot and injuring three more who died subsequently. The crucial question for decision is whether the death of these persons was due to the reckless and negligent driving or else whether it was due to unavoidable accident or a mere error of judgment.