PRITAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision arises out of the judgment of the learned Sessions Judge, Sambalpur -Sundergarh, confirming the order of conviction passed against the Petitioner by the Sub -divisional Magistrate, Panposh, who convicted him under Section 304 -A, Indian Penal Code and under Section 112 of the Motor Vehicles Act and sentenced him only under Section 304 -A Indian Penal Code to undergo rigorous imprisonment for one year and to pay a fine of Rs. 300/ - and in default to undergo rigorous imprisonment for three months; no separate sentence was awarded under Section 112 of the Motor Vehicles Act.

(2.) THE prosecution case, in short, is that on 5 -4 -1965 at about 4 P.M. the Petitioner a driver of a dumper (O.R.C. 2016), backed the vehicle in a rash and negligent manner at the loading site after it was loaded' with limestone, and in so doing the rear wheels of the dumper ran over two persons who were on the spot at the back of the dumper, which caused their instantaneous death.

(3.) MR . Basu, learned Counsel for the Petitioner, contended that the judgments of conviction passed by the Courts below were not based on evidence; and that even taking the evidence as such, the Petitioner's conviction under Section 304 -A Indian Penal Code could not be maintained in view of the fact that there was no finding of culpable rashness, criminal negligence and mens rea in the act alleged against the accused -Petitioner.