HARAPRASAD JENA Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner was convicted under Section 304A, 279 and 337 , Indian Penal Code and sentenced to R. I. for 6 months under Section 304 -A. No separate sentence was passed under Section 279 and 337 Indian Penal Code.

(2.) THE Petitioner was the driver of a passenger Bus (ORB 930). On 16.2.1962 the bus was destined for Baliapal from Balasore town. At about 6 -15 P.M. it started from Balasore.. While proceeding through Nayabazar area of Balasore town towards Ararbazar, there was an accident near Railway level crossing. There is sharp bend on the road at that point. While negotiating the sharp turn the bus went to the right and dashed against two out of three boys who were coming from opposite direction keeping to the extreme left hand side close to the iron railing which was to their left. The bus struck the belly of one of the boys Sher Abdin. The boy next to him was Ahmad Islam (P. W. 5) who slipped through the iron railing and was unhurt. The boy who was coming last was Niranjan Sahu. who sustained an injury on his leg as a result of the dash. Sher Abdin was removed to the hospital where he died.

(3.) THE learned Courts below rejected the defence version and held that the driver was driving the bus rashly and negligently and by such act caused the death of the deceased boy.