INDRAMANI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The conviction of the petitioner u/Ss. 279 and 304-A, I. P. C. and the sentence imposed on him to undergo rigorous imprisonment for two months u/ S. 279 and six months u/S. 304-A, IPC, which are affirmed in appeal, have been assailed in this revision.

(2.) The prosecution case, shortly stated, is that on 6-6-1980 at about 6 p.m. while the deceased aged 70 years was returning to his house on foot carrying in a hand-bag some fish, oil etc., which he purchased in bazar, and was moving on his left side of the Grand Road of Puri town, the petitioner driving a bullock cart from his behind rashly and negligently dashed the cart from his back side. As a result of such dashing, the deceased fell down on the ground and thereafter, the left wheel of the bullock cart ran over his chest and he became unconscious. Thereafter, passers-by took him to the Headquarters Hospital, Puri but he succumbed to the injuries sustained by him. On receipt of a written report to that effect from Dr. Banamali Rath, the Assistant, Surgeon of the Hospital (P.W. 1), the Officer-in-charge of Puri Town Police Station registered the case. In course of investigation, autopsy was conducted on the dead body of the deceased and the bullock cart in question was seized and after completion of investigation the petitioner was put to trial.

(3.) The defence was denial of the allegations that the bullock cart was being driven rashly and negligently. No witness was, however, examined in support of the defence plea.