SAMBHUNATH BID Vs. STATE OF ORISSA

JUDGEMENT

(1.) REVISIONAL order passed by learned Additional Sessions Judge, Balasore upholding the conviction of the Petitioner under Section 279 of the Indian Penal Code (for short 'the Code') while setting aside the conviction and sentence under Sections 337 and 304 -A of the Code is the subject -matter of challenge in the present case.

(2.) THE material facts, in brief, are that the Petitioner was allegedly driving a loaded truck bearing - registration No. ORB 2126 on Jaleswar Batagram road and near the Nempo bridge the truck capsized causing injuries to several occupants of the truck and one of the occupants succumbed to injuries. The then Assistant Surgeon of a local hospital of Jaleswar lodged a written report before the Officer in charge of Jaleswar Police Station about the occurrence and on the basis of the said report investigation was undertaken and after completion of the investigation, the Investigating Officer submitted charge -sheet against the Petitioner.

(3.) SOME witnesses were examined in support of the prosecution case while the Petitioner did not choose to examine any witness.