H W SMITH Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal against an order of the learned Chief Presidency Magistrate, Mr. T.Y. Roxburgh, convicting the accused, one. H.W. Smith, under Section 304-A, I.P.C., and sentencing him to one month's simple imprisonment and a fine of Rs. 500.

(2.) The facts appear to be these:--The occurrence took place at about 10-30 or 11-30 p.m. on the night of the 12 May last.

(3.) The accused Smith lives in Howrah and had come into Calcutta driving his own ear, a Mors car No. 1990, with a friend, Mr. Williams. He got as far as the Mayo statue and was then coming from west to east. At the Mayo statue he determined to go home via the Red Road and, therefore, turned to the right and went along the Dufferin Road. About half-way up the road he ran over and killed two coolies who were sleeping on the road.