GANGADHAR BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Being convicted under Sections 279/304 - A of the Indian Penal Code and sentenced to undergo Rigorolls Imprisonment for three months with fine of Rs. 500/- by the Appellate Court Petitioner has preferred this revision.

(2.) Prosecution case is that on 10-9-1979 at about 3 p.m. while accused who was driving the bus ORP 3294 from Pun to ahubaneswar rashly and negligently it ran over two cyclists near the office of the Block Development Officer and Tahasildar, Pipili. causing their death. Petitioner denied to be driving the vehicle with rashness and negligence and pleaded not to be guilty of any offence.

(3.) Prosecution has examined five witnesses which included eye-witnesses to the occurrece. Appreciating their evidence both the courts find that the road at the spot of accidence was pitched 12 feet wide. Both sides of the pitched portion was metalled 10 feet wide each. Thus end to end it was 32 feet wide. Portion of the road at the spot was being repaired and flag was placed to warn about the repair. There was a narrow passage for the bus to move. On one side there was a ditch and heaps of metals were kept on the other side. Another bus ORP 3294 had already entered at the place of repair into the narrow passage. The two ill fated cyclists were on die heap of metal when the bus came in speed and ran over them.