BADRI PRASAD TIWARI Vs. STATE

JUDGEMENT

(1.) On the accusation of rash and negligent driving which resulted in the death of one Sambhu Naik (hereinafter referred to as the 'deceased'), Badri Prasad Tiwari (hereinafter referred to as the accused') faced trial.

(2.) Accusations were in short, as follows : On 19-6-1988 at about 6.30a.m. the deceased along with Jabir Lakra (P.W. 2) was returning from Rairakhol in a bullock-cart followed by Siril Oram (P.W. 1) and Laren Kulu (P.W. 4) in another bullock-cart. Near Tarbeda crossing on Rairakhol-Naktideula road, a mini bus bearing registration No. CAS 4651 belonging to Pradhan Transport which was being driven at a high speed in a rash and negligent manner by the accused came and dashed against the deceased and ran over him causing his instantaneous death. After a little while, the informant arrived at the spot and learnt about the accident from Jabir Lakra (P.W. 2). Immediately a written report was lodged with Rairakhol Police Station. Investigation was undertaken, and on completion thereof, charge-sheet was submitted. The accused faced trial for having committed offences punishable under Sections 279 and 304-A of the Indian Penal Code, 1860 (in short, the 'IPC').

(3.) In order to further its case prosecution examined seven witnesses. P.W. 2 claimed to be an eye-witness to the occurrence. Learned trial Judge found the evidence of the witnesses to be credible and cogent and placing reliance on it held that offences under Sections 279 and 304-A, IPC were established against the accused. Accordingly, he was convicted and sentenced to undergo imprisonment for three months and one year respectively, with a direction that sentences were to run concurrently. In appeal conviction and sentence were maintained by learned Addl. Sessions Judge, Sambalpur.