BISHNU PRASAD DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) HAVING been convicted under Sections 279, 337, 338 and 304 -A of the Indian Penal Code and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 500/ -, in default to undergo simple imprisonment for one month for the offence under Section 304 -A and to undergo rigorous imprisonment for three months for the offences under Sections 279 and 337 of the Indian Penal Code, which were confirmed by the Additional Sessions Judge, Phulbani in Criminal Appeal No. 57 of 1982 (32/82 -B GDC), the petitioner has filed this revision assailing his conviction and the sentences imposed. It may be noted that the sentences were directed to run concurrently.

(2.) THE petitioner was driving a truck bearing registration number ORS 5997 from Sudrukumna to the Kenduleaf depot at village Ghatatala on the jungle ghat road having a steep down -gradient on 12.3.1979 at 4.30 p.m. There were eight occupants, two of whom were inside the cabin and the rest on the truck. The truck dashed against a bamboo clump, then against the boulders and rolled upside -down and fell to a depth of 66 feet on the right side of the ghat road. Two of the coolies who were on the truck died. Rest of the occupants including the driver were severely injured. On the information of one of the occupants, investigation was taken up and the petitioner was placed on trial for the commission of the offences, as aforesaid.

(3.) BOTH the courts below relied upon the M.V.I.'s report. The M.V.I. opined that the vehicle was being driven in the second gear. He has further opined that the foot brake was in order. He also opined that a vehicle without four -wheel drive system should not have been taken on that steep down -gradient. The courts below mostly relied upon the version of the M.V.I, by way of justification of the conviction of the petitioner.