SACHIDANANDA BHITRIA Vs. THE STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has been convicted under Sections 304 -A, 337, Indian Penal Code and 118A of the Motor Vehicles Act, 1939 and sentenced to R.I. for one year, 6 months and to pay a fine of Rs. 500/ - in default to R.I. for 3 months, respectively. The sentences of imprisonment are to run concurrently.

(2.) PROSECUTION case is as follows. On 6.1.1970 the Petitioner was driving a taxi No. O.R.O. 208 on the Sundargarh. Rourkela road. The taxi ran against a boy who died as a result of the injuries caused on him. The taxi did not stop but travelled a distance of about 50 feet after the child was crushed and fell into a ditch on the left side of the road. Twelve occupants inside the taxi got injured when the taxi fell into the ditch.

(3.) THE entire prosecution story is unfurled through the evidence of p.ws. 1 and 5 on which both the Courts have relied upon. Mr. Misra took me through their evidence.