TRINATH PANIGRAHI Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Sections 279 and 304A, Indian Penal Code and sentenced to Section 1. for three months under each of the sections the sentences to run con currently.

(2.) THE occurrence took place at about 4 p.m. on 24 -5 -1971 in the bazar area of Hinjli on the Aska -Berhampur road. Berhampur is to the south of Aska. If the bus moves from Aska to Berhampur it would travel from north to south. While the petrol truck was passing through the bazar area of Hinjli one ORT bus was standing on the left side of the road which is to the east. About 15 feet ahead of the bus was a Pan shop. The deceased boy 's house is on the western side. He had to cross the road to come from his house to the Pan shop. The deceased purchased chocolate from Pan shop and while he was coming back to his house by crossing the road, the front right side bumper of the truck dashed against him. He was thrown off to a distance and despite medical aid died soon after. Prosecution case is that the driver (Petitioner) was guilty of rash and negligent driving.

(3.) THE short question for consideration is whether the truck was being driven negligently. If the evidence that the truck was being taken in high speed and the horn was not being blown is not accepted, then the residue of evidence in support of the case of negligence appears to be rather meagre.