Gourang Dhinda vs State of Orissa

K.B. Panda, J.—The Petitioner has been convicted under Sections 304-A and 279, Indian Penal Code but sentenced to six months rigorous imprisonment under the former count alone. It has been upheld in appeal.

The prosecution alleged that on 24-2-1971 at about 3 a. m. while the Petitioner was driving a truck bearing No. ORP 1348 loaded with stone pots he drove it rashly and negligently in consequence of which it dashed against an electric pole near about Khurda Police Station and two of the occupants of the truck, namely, Prahalad Mohanty and Bansidhar Bisoi were thrown out of the vehicle. Out of them Bansi died instantaneously at the spot and Prahallad Mohanty succumbed to the injuries in the S.C.B. Medical College Cuttack where to he had been removed for treatment. Another occupant received serious injuries.

The defence was that he was not rash and negligent.

Both the Courts have concurrently held that the driver-Petitioner was rashly and negligently driving the vehicle or else the rear part of it would not have struck against the electric post resulting in the death of two and injury on one and consequently convicted the Petitioner as aforesaid.

It was contended on behalf of the Petitioner that there is no positive finding of rashness and negligence of the Petitioner in driving the vehicle. Rather the evidence of p. w. 1 was that to avoid some stray cattle he drove the vehicle to a side and thus the accident occurred. It is the admitted case that the rear part of the vehicle dashed against the electric post resulting in the two deceased being, thrown out of the truck. Thus the death of the two deceased cannot be directly connected with any rash and negligent act of the Petitioner. In that view of the matter I would take a lenient view and convert the conviction of six months'' rigorous imprisonment to the period of imprisonment of 5 days already undergone during the course of this revision and further put a fine of Rs. 800/- u/s 304-A, Indian Penal Code, in default of which to undergo rigorous imprisonment for three months.

With this modification in the sentence the revision stands dismissed.

Revision dismissed.