G LAXMINARAYANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision arises out of the appellate order dated 7.5.1985 passed by Mr. D. Kar, Sessions Judge, Koraput, Jeypore, in Criminal Appeal No. 92 of 1984 upholding the conviction and sentence dated 18.10.1984 passed by Mr. U.N. Padhi, Chief Judicial Magistrate, Jeypore in G.R. Case No. 751 of 1981 convicting the petitioner under Sections 279/304A, Indian Penal Code and sentencing him to undergo R.I. for one year for the offence under Section 304A, Indian Penal Code and awarding no separate sentence for the conviction under Section 279, Indian Penal Code.

(2.) IT appears that the accused petitioner G. Laxminarayana was the driver of the jeep ORK 4957 and on 5.12.1981 at about 9.15 a.m., the accused was driving the jeep on the National Highway No. 43 towards Jeypore. Near the village Randapalli, the jeep of the accused had to pass by the side of a truck, which had been parked on the road facing towards Borigumma. At the time when the jeep passed by the side of the truck there was some sound and a boy aged about 4 years fell down on the ground with various injuries on his person. The boy was taken to the hospital and there he died. F.I.R. was lodged and after the investigation, charge -sheet was submitted and the accused stood his trial and was convicted and sentenced thereunder.

(3.) FROM the evidence on record and also the findings of the trial court and appellate court, it is clear that the petitioner G. Laxminarayana was driving the jeep ORK 4957 on the National Highway No. 43 towards Jeypore and near the village Randapalli, the jeep dashed against a boy aged about 4 years.