BIJULI SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was the driver of truck No. ORG 1445. He has been convicted under Sections 279 and 304 -A Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six months and one month respectively, both the sentences to run concurrently. It is alleged that on 9.4.1974 at about 8 -30 a.m. the petitioner caused an accident while driving rashly and negligently endangering human life, and in the accident a cyclist was knocked down with injuries. Thereafter the truck dashed against a bullock -cart driven by P.W. 2. Due to such accident the cart -man was also thrown out and was injured. The defence is denial.

(2.) BOTH the courts below have relied on the testimony of P.Ws. 1, 2 and 7 and have convicted the petitioner on the ground that as the road was wide but still such an accident took place, it should be presumed that the petitioner was driving rashly and negligently.

(3.) IT is contended by Mrs. Padhi, the learned counsel for the petitioner, that the conviction under Section 304 -A Indian Penal Code is not sustainable, inasmuch as there is no eye -witness to the actual dashing of the truck against the cyclist or cart. Also the conviction under Sections 279 and 304 -A I.P.C. is not sustainable inasmuch as there is no evidence of rash and negligent driving.