BHASKAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) ORDER :- This revision is preferred against the judgement of the Additional Sessions Judge, Ganjam-Boudh, in Criminal Appeal No. 1 of 1982-G (15/80-GOC) dated 24-6-1982, confirming the order of the Judicial Magistrate. First Class, Digapahandi, in G. R. Case No. 407 of 1976, convicting the petitioner under Ss.304-A and 279, I.P.C. and sentencing him there under to undergo R. I. for six months and three months respectively, with a direction that the sentences should run concurrently.

(2.) The gist of the prosecution case is that on 7-6-1976, near Madanmohanpur, as the petitioner, driving the minibus ORG 4544, in high speed tired to pass by the code of a truck parked on the road, and the course of such by-passing the minibus dashed against a telephone pole starting by the side of the road and ran over and killed a blind man named Debraj sitting near the telephone pole, and then it turned upside, down, and thus he was found driving the, minibus rashly and negligently rendering himself liable under Ss.279 and 304-A. I.P.C.

(3.) The accused pleaded that he was driving the minibus at normal speed but due to fresh earth put on the side of the road, the wheels of the bus slipped and the accident took place. No witness was examined on behalf of the defence.