RAGHUNATH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision arises out of the judgment and order dated 19-2-2001 passed by the learned Addl. Sessions Judge, Nayagarh, in Criminal Appeal No. 26/51/37 of 1997/1992/1991, confirming the judgment of conviction and sentence passed by the J.M.F.C., Ranpur in G.R. Case No. 113 of 1987.

(2.) The case of the prosecution in brief is that on 10-10-1987 at about 7.00 a.m., while the victim Bali Dei, an old lady, was proceeding on the left side of the road towards the temple of Lord Siva, a bus bearing registration number ORC 1155, which was coming from Godipada side in a reckless manner being driven by the accused-petitioner, dashed against her. As a result, she fell down and the bus ran over her causing her instantaneous death. Thereafter, an FIR was lodged before the Ranpur P.S., on receipt of which investigation commenced and after closure of investigation charge-sheet was submitted under Sections 279/304-A, IPC. But the learned J.M.F.C., on perusal of police papers, took cognizance under Section 118-A of the Motor Vehicles Act besides the aforesaid two sections of the Indian Penal Code.

(3.) In order to prove its case, the prosecution examined as many as 12 witnesses including the M.V. I (P.W. 11) and the doctor, who conducted autopsy over the dead body of the deceased, and exhibited certain documents marked Exts. 1 to 5.