SUBAS CHANDRA MAHAPATRA Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner was driving an Ambassador car (ORG 1181) at about 10.15 a.m. on 5 -7 -1962 from Khurda to wards Berhampur on the Madras Grand Trunk road. Near village Damasahi at a distance of about 2 miles from Khurda it dashed against a small boy aged 4 to 5 years. The boy was thrown to a distance of about 15 feet and was removed to the hospital where he died. Prosecution case is that the Petitioner was driving the car at a high speed in a rasp and negligent manner.

(2.) THE defence is that at the place of accident, it was a straight road. The deceased with other children were crossing the road. The Petitioner blew horn and applied brakes, but the tyre of the rear wheel was punctured after the application of the brake. The carnet out of control and the front bumper of the car struck against the boy.

(3.) SECTIONS 279 and 304 -A, Indian Penal Code, may be quoted.