STATE Vs. YUDHISTHIRA NANDA

JUDGEMENT

(1.) THIS (suo motu) revision at the instance of the learned Sessions Judge, Khurda is directed against the judgment and order dated 5.6.2000 of the learned Judicial Magistrate First Class, Khurda in G.R. Case No. 752 of 1994 (T.R.No. 150 of 1999) by which he has acquitted the opposite party of the. offences Under Sections 279 and 304A, I.P.C.

(2.) THE learned Sessions Judge in course of his inspection of the Court of the concerned Magistrate detected that the opposite party was acquitted of the offence Under Sections 279 and 304A. I.P.C. because he was not identified as the driver of the offending vehicle. The learned Sessions Judge found that on the day when the eye -witnesses were examined in Court, the opposite party was represented by his, lawyer Under Section 317 of the Code of Criminal Procedure and accordingly had no opportunity to identify the culprit.

(3.) IN order to appreciate the point involved, it would be appropriate to state the prosecution case in brief : On 18.10.1994 at about 2.30 p.m. one Prabhat Kumar Nayak was returning to his house in a scooter from Spinning Mill, Khurda. Near Brahmani Masani on National High Way No. 5 a truck bearing registration No. 058 -991 came from Berhampur side in a high speed and dashed against him. As a result of such accident, be sustained injuries on his person and succumbed to them. The brother of the deceased lodged F.I.R. on the basis of the which the police book up investigation. After its completion, charge -sheet was filed against the opposite party to face the trial.