LADUKISHORE PANIGRAHI Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 304 -A, Indian Penal Code and has been sentenced thereunder to pay a fine of Rs. 500/ - and in default to undergo S.I. for two months.

(2.) THE prosecution case, in short, is that on 5 -9 -1966 at about 2.30 p.m. while the Petitioner was driving his motor cycle in a rash and negligent manner from Pratappur side, the motor cycle dashed against Jasoda Beherani, wife of P.W. 1, as a result of which she fell down at the spot. She sustained injuries, and died on the day following the occurrence.

(3.) MR . Murty, the learned Counsel for the Petitioner, contends that the conviction of the Petitioner cannot legally be sustained as it is not established on the prosecution evidence that the Petitioner was driving the vehicle in a rash and/or in a negligent manner as understood in legal parlance. It is urged that there is nothing on record to show that the Petitioner was driving his motor cycle in a manner from which it can be said that he acted with the consciousness of the risk that evil consequences of death were likely to follow therefrom and so the conviction of the Petitioner cannot be maintained.