Decided on November 16,1973

Maheswar Mahant Appellant
STATE Respondents


G.K. Misra, C.J. - (1.) THE Petitioner has been convicted under Section 304 -A, Indian Penal Code, and sentenced to R.I. for six months, and to pay a fine of Rs. One thousand; in default, to undergo R.I. for two months more. Though he was convicted under Section 279 , Indian Penal Code no separate sentence was imposed.
(2.) PROSECUTION case is that on 23rd February 1970, at about 9 a.m. a public service bus proceeding towards Keonjhar, was standing on the road -side near Sana Masinabila while the Petitioner was driving a jeep, ORJ 1059, coming from the side of Keonjhar. After the jeep crossed the bus, it struck against two boys one after the other. One died on the spot and the other in the hospital. The defence was that the Petitioner was driving the jeep at a reasonable speed after blowing the horn. Though the accident happened due to the jeep, he does not know as to how did it happen.
(3.) THE learned Sessions Judge after a thorough analysis of the evidence came to the conclusion that the Petitioner was driving the jeep at a reasonable speed and was blowing the horn. He accordingly held that the Petitioner 's driving was not rash. From the fact that the two boys were lying at a distance of 25' from each other after the accident, he came to the conclusion that the jeep was being driven negligently.;

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