MADHAB BAGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner assails conviction and sentence awarded by learned Judicial Magistrate First Class, Bissam, Cuttack confirmed, in appeal by learned Sessions Judge, Koraput-Jeypore.

(2.) Petitioner stood trial under Sections 279/304-A of the Indian Penal Code, 1860 (in short the 'IPC') and 118-A of the Motor Vehicles Act, 1939 (in short the 'MV Act'). According to prosecution, on account of rash and negligent driving of the petitioner, truck bearing registration No. ORR 1291 dashed against one Purna Chandra Pradhan, who suffered serious injuries and subsequently breathed his last in the Christian hospital, Bissain, Cuttack.

(3.) Several witnesses were examined to further the prosecution case, and on evaluation of evidence, learned Magistrate came to the conclusion that the truck was being driven in a rash and negligent manner. He specifically referred to the evidence of the M.V.I. (P.W. 11). Learned Magistrate held that offences were clearly established and therefore, convicted the petitioner and sentenced him to undergo rigorous imprisonment for six months on each count under Section 279/304-A of the IPC. He further directed petitioner to pay a fine of Rs. 300/- under Section 118-A of the M. V. Act, in default to undergo simple imprisonment for fifteen days. The appellate court confirmed conviction and sentence.